People v. Macy

• Court: Colorado Supreme Court
• Writing for the Court: PER CURIAM
• Citation: People v. Macy, 789 P.2d 188 (Colo. 1990)
• Decision Date: 02 April 1990
• Docket Number: No. 90SA9,90SA9
• Parties: The PEOPLE of the State of Colorado, Complainant, v. Lloyd W. MACY, Attorney-Respondent.

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 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 sale of trust documents by nonlawyers constitutes the unauthorized practice of law. People v. Schmitt, 126 Colo. 546, 251 P.2d 915 (1952). This court has suspended an attorney in the past for aiding a nonlawyer in marketing trusts to the public. People v. Boyls, 197 Colo. 242, 591 P.2d 1315 (1979).

The Standards for Lawyer Discipline prescribe suspension for this type of conduct when

a lawyer knowingly engages in conduct that is a violation of a duty owed to the profession, and causes injury or potential injury to a client, the public, or the legal system.

Standards for Lawyer Discipline 7.2. The Standards for Lawyer Discipline also suggest certain factors that aggravate or mitigate an attorney's misconduct and therefore increase or decrease the appropriate sanction. Several aggravating factors are present in this case. Macy has a prior disciplinary record, having received a letter of admonition in 1980 and a private censure in 1985. See Standards for Lawyer Discipline 9.22(a). Each was based on neglect in representing a client. Macy has substantial experience in the practice of law. See id. at 9.22(i). The evidence suggests that Macy may have acted out of a selfish desire to generate legal business for himself, rather than simply to receive legal fees from Taylor. See id. at 9.22(b). Macy's conduct constituted multiple offenses and a pattern of...