People v. Macy, No. 90SA9

Docket NºNo. 90SA9
Citation789 P.2d 188
Case DateApril 02, 1990
CourtSupreme Court of Colorado

Page 188

789 P.2d 188
The PEOPLE of the State of Colorado, Complainant,
v.
Lloyd W. MACY, Attorney-Respondent.
No. 90SA9.
Supreme Court of Colorado,
En Banc.
April 2, 1990.

Linda Donnelly, Disciplinary Counsel, and John Gleason, Asst. Disciplinary Counsel, Denver, for complainant.

Lloyd W. Macy, Northglenn, pro se.

PER CURIAM.

This is an attorney discipline case in which a hearing panel of the Supreme Court Grievance Committee unanimously recommended that the respondent, Lloyd W. Macy, be suspended from practicing law for two years and be assessed the costs of the proceeding. We accept the panel's recommendation.

A hearing board of the grievance committee heard this matter, and a hearing panel approved the findings and conclusions of the hearing board. Macy elected not to file exceptions to the hearing panel's report. See C.R.C.P. 241.20(b)(2). The hearing board's findings and conclusions were based on the amended complaint, the allegations of which were admitted by Macy; documentary evidence; stipulations of the parties; and Macy's testimony before the hearing board.

I.

Lloyd W. Macy was admitted to the bar of this court on April 5, 1967. He is therefore subject to the jurisdiction of this court and its grievance committee in all matters relating to the practice of law. C.R.C.P. 241.1(b).

In 1986, Charles J. Taylor, who is not a lawyer, approached Macy for advice in connection with Taylor's desire to sell "living trust" packages to customers who wished to use them to avoid taxes or probate. In December of that year, Macy met with Taylor and reviewed a package of "living trust" documents prepared by Taylor for marketing through nonlawyer salespersons.

Taylor began selling "living trust" documents in January 1987. During the next several months, Macy reviewed several "living trust" packages prepared for individuals and answered questions addressed to him by nonlawyer salespersons regarding individual customers' concerns. Taylor paid Macy $75.00 per hour for his services.

II.

Macy's conduct violated two provisions of the Code of Professional Responsibility:

Page 189

DR 1-102(A)(1) (violating a disciplinary rule), and DR 3-101(A) (aiding a nonlawyer in the unauthorized practice of law). Aiding a nonlawyer in the unauthorized practice of law is a violation of a duty owed to the legal profession. See The American Bar Association's Standards for Imposing Lawyer Sanctions (1986) 7.0 ("Standards for Lawyer Discipline "). The creation and...

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6 practice notes
  • Part II
    • United States
    • Federal Register December 12, 2003
    • December 12, 2003
    ...Ethics & Conduct v. Baker, 492 N.W.2d 695,597 (Iowa 1992). See also People v. Laden, 893 P.2d 771 (Colo. 1995), People v. Macy, 789 P.2d 188 (Colo. 1990), People v. Boyles, 591 P.2d 1315 (Colo. 1979); In re Discipio, 645 N.E.2d 906 (Ill. 1994); In re Komar, 532 N.E.2d 801 (Ill. 1988); F......
  • Practice and procedure: Patent and trademark cases rules of practice; representation of others before Patent and Trademark Office,
    • United States
    • Federal Register December 12, 2003
    • December 12, 2003
    ...Ethics & Conduct v. Baker, 492 N.W.2d 695,597 (Iowa 1992). See also People v. Laden, 893 P.2d 771 (Colo. 1995), People v. Macy, 789 P.2d 188 (Colo. 1990), People v. Boyles, 591 P.2d 1315 (Colo. 1979); In re Discipio, 645 N.E.2d 906 (Ill. 1994); In re Komar, 532 N.E.2d 801 (Ill. 1988); F......
  • Mid-America Living Trust Associates, Inc., In re, MID-AMERICA
    • United States
    • United States State Supreme Court of Missouri
    • August 20, 1996
    ...also have aided in the illegal practice. Laden, 893 P.2d at 772; Cassidy, 884 P.2d at 311; Volk, 805 P.2d at 1118; People v. Macy, 789 P.2d 188 (Colo.1990). Referral attorneys, as well as in-house attorneys, also have been found to suffer from a conflict of interest. Obviously, an attorney'......
  • People v. Laden, No. 95SA96
    • United States
    • Colorado Supreme Court of Colorado
    • April 17, 1995
    ...respondent aided that nonlawyer in the unauthorized practice of law, contrary to DR 3-101(A). Cassidy, 884 P.2d at 311; People v. Macy, 789 P.2d 188, 189 (Colo.1990); People v. Boyls, 197 Colo. 242, 243, 591 P.2d 1315, 1316 The inquiry panel approved the conditional admission, and recommend......
  • Request a trial to view additional results
4 cases
  • Mid-America Living Trust Associates, Inc., In re, MID-AMERICA
    • United States
    • United States State Supreme Court of Missouri
    • August 20, 1996
    ...also have aided in the illegal practice. Laden, 893 P.2d at 772; Cassidy, 884 P.2d at 311; Volk, 805 P.2d at 1118; People v. Macy, 789 P.2d 188 (Colo.1990). Referral attorneys, as well as in-house attorneys, also have been found to suffer from a conflict of interest. Obviously, an attorney'......
  • People v. Laden, No. 95SA96
    • United States
    • Colorado Supreme Court of Colorado
    • April 17, 1995
    ...respondent aided that nonlawyer in the unauthorized practice of law, contrary to DR 3-101(A). Cassidy, 884 P.2d at 311; People v. Macy, 789 P.2d 188, 189 (Colo.1990); People v. Boyls, 197 Colo. 242, 243, 591 P.2d 1315, 1316 The inquiry panel approved the conditional admission, and recommend......
  • People v. Cassidy, No. 94SA293
    • United States
    • Colorado Supreme Court of Colorado
    • November 7, 1994
    ...for the McCarter Agency, the respondent aided a nonlawyer in the unauthorized practice of law, contrary to DR 3-101(A). People v. Macy, 789 P.2d 188, 189 (Colo.1990); People v. Boyls, 197 Colo. 242, 243, 591 P.2d 1315, 1316 (1979) (lawyer suspended for one year for aiding nonlawyer "educato......
  • People v. Volk, No. 90SA234
    • United States
    • Colorado Supreme Court of Colorado
    • February 25, 1991
    ...This is not the first time that Taylor's living trusts have surfaced in a disciplinary proceeding before this court. See People v. Macy, 789 P.2d 188 Between March and October of 1988, the respondent reviewed a number of living trusts for individuals at the request of American National, Tay......
2 provisions
  • Part II
    • United States
    • Federal Register December 12, 2003
    • December 12, 2003
    ...Ethics & Conduct v. Baker, 492 N.W.2d 695,597 (Iowa 1992). See also People v. Laden, 893 P.2d 771 (Colo. 1995), People v. Macy, 789 P.2d 188 (Colo. 1990), People v. Boyles, 591 P.2d 1315 (Colo. 1979); In re Discipio, 645 N.E.2d 906 (Ill. 1994); In re Komar, 532 N.E.2d 801 (Ill. 1988); F......
  • Practice and procedure: Patent and trademark cases rules of practice; representation of others before Patent and Trademark Office,
    • United States
    • Federal Register December 12, 2003
    • December 12, 2003
    ...Ethics & Conduct v. Baker, 492 N.W.2d 695,597 (Iowa 1992). See also People v. Laden, 893 P.2d 771 (Colo. 1995), People v. Macy, 789 P.2d 188 (Colo. 1990), People v. Boyles, 591 P.2d 1315 (Colo. 1979); In re Discipio, 645 N.E.2d 906 (Ill. 1994); In re Komar, 532 N.E.2d 801 (Ill. 1988); F......

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