People v. Stillman

• Decision Date: 20 March 2002
• Docket Number: No. GC97B121.,GC97B121.
• Citation: 42 P.3d 88
• Parties: The PEOPLE of the State of Colorado, Complainant, v. Lousenda D. STILLMAN, Respondent.
• Court: Colorado Supreme Court

42 P.3d 88

The PEOPLE of the State of Colorado, Complainant, v. Lousenda D. STILLMAN, Respondent.

No. GC97B121.

Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado.

March 20, 2002.

Opinion by Presiding Disciplinary Judge ROGER L. KEITHLEY and

Hearing Board members, KATHLEEN KILLIAN and RICHARD P. HOLME, both members of the bar.

OPINIONS AND ORDER IMPOSING SANCTIONS

SANCTION IMPOSED: ATTORNEY SUSPENDED FOR TWO YEARS

A trial pursuant to C.R.C.P. 251.15 was held on December 12, 2001, before the Presiding Disciplinary Judge ("PDJ") and two hearing board members, Kathleen Killian and Richard P. Holme, both members of the bar. Debora D. Jones, Assistant Attorney Regulation Counsel, represented the People of the State of Colorado (the "People"). The respondent, LouSenda Stillman ("Stillman") did not appear either in person or by counsel.

The Complaint in Case No. GC97B121 was filed on November 20, 1997. Stillman filed an Answer on January 26, 1998. A two-day trial was set to commence on August 26, 1999, which was subsequently vacated upon the People's motion, the parties having reached an agreement pursuant to C.R.C.P. 251.13(c).¹ The Complaint in Case No. 01PDJ025 was filed on March 14, 2001 and Stillman filed an Answer on April 30, 2001. Case No. 01PDJ025 was consolidated into Case No. GC97B121 upon the People's motion by Order dated April 19, 2001.²

Stillman did not respond to the People's interrogatories, requests for admissions and production of documents. The PDJ granted the People's Motion for Sanctions based on Stillman's failure to comply with the People's outstanding discovery requests and ordered that Stillman would only be allowed to testify on her own behalf at trial and cross-examine the People's witnesses.

At trial, the People presented testimony from John Brock, Emily Magnin, Donae Linde, Scott Garber and Susan Allen (f/k/a Susan Groller). Exhibits 1 through 17 were offered by the People and admitted into evidence. The PDJ and Hearing Board considered the People's argument, the exhibits admitted, assessed the testimony and credibility of the witnesses and made the following findings of fact which were established by clear and convincing evidence. Stillman did not appear and therefore no evidence was received on her behalf.

I. FINDINGS OF FACT

Stillman has taken and subscribed to the oath of admission, was admitted to the bar of the Supreme Court on October 27, 1988, and is registered upon the official records of this court, registration number 18005. Stillman is subject to the jurisdiction of this court pursuant to C.R.C.P. 251.1(b).

The Brock Matter

John Brock met Stillman in February 1997. Shortly thereafter, Brock invited Stillman and Stillman agreed to move into Brock's apartment. Stillman agreed to trade legal services in exchange for rent. Brock returned home a few days after Stillman moved in to find that Stillman had caused damage to his apartment and personal belongings. Brock asked Stillman to leave and she refused. The police took Stillman into protective custody. The extent of damage Stillman caused to Brock's apartment necessitated Brock's filing an insurance claim for damage done to the carpeting, window screens and coverings, blinds, computer, and personal belongings, resulting in a $500 unreimbursed expense to Brock.

The Magnin Matter

Stillman was retained by Emily Magnin in April 1994 to file a petition for dissolution of marriage. Magnin paid Stillman $1,500. Stillman filed the petition in El Paso County in May 1994. Thereafter, counsel for the estranged husband filed a petition for dissolution in Adams County and moved for change of venue, which was granted. On September 27, 1994, Stillman appeared for a pretrial conference. The court issued orders as to mediation, property valuation, witness endorsement and financial matters. Both sides were granted five days to submit names for the appointment of a guardian ad litem. Stillman failed to provide the names as ordered. Moreover, Stillman did not discuss the pretrial order with Magnin. Magnin attempted but was unable to communicate with Stillman about her case from mid September through December 1994. She left voice messages and went to Stillman's office, only to find that Stillman had moved and taken her client file. Magnin was in an exceptionally vulnerable frame of mind, and was distraught over Stillman's disappearance. Magnin hired other counsel in December 1994. The client was not able to retrieve her file from Stillman. In August 1996, Stillman sent Magnin a letter indicating an outstanding balance owing for attorney's fees. Stillman has not communicated with Magnin since the invoice sent in 1996.

The Linde Matter

Donae Linde retained Stillman in connection with a dissolution proceeding in late August 1998. Linde's ex-husband had filed a motion to reduce child support. A hearing on the motion was set for September 24. Stillman filed a motion for continuance on September 3, 1998, due to her client's health issues. The court denied Stillman's motion for continuance, and the hearing was held on September 24. Neither Stillman nor her client appeared for the hearing. The court attempted to call Stillman but was unable to reach her. The ex-husband's child support obligation was reduced following the hearing. When Linde learned from her ex-husband that his child support had been reduced, she unsuccessfully attempted to contact Stillman. Linde was told by Stillman's secretary that the ruling decreasing child support was erroneous and would be withdrawn. Stillman filed a motion for reconsideration, which the court denied.

Over the next two months, Linde continued to try to reach Stillman without success. Linde retained new counsel, and at a hearing in February 1999, Linde's child support award was increased due to changed circumstances. The court did not modify the child support order resulting from the September 24, 1998 hearing.

The Groller Mater

Susan Groller retained Stillman in October 1998 to obtain a restraining order and dissolution of marriage. Stillman obtained a temporary restraining order for Groller. Groller was fearful of her estranged husband's actions and Stillman was aware of this. Stillman did not take any action to initiate a dissolution proceeding, nor did she takes steps necessary to make the temporary restraining order permanent. Stillman stopped communicating with Groller. Groller left numerous messages for Stillman over several months but was unable to reach her. Eventually, Groller requested an accounting and Stillman failed to provide one until more than three months after it was requested, and only after Groller filed a request for investigation with the Office of Attorney Regulation Counsel.

II. CONCLUSIONS OF LAW

The Brock Matter

The Complaint in Case No. GC97B121 alleges that Stillman's conduct with regard to the Brock matter constitutes a violation of Colo. RPC 8.4(h)(it is professional misconduct for a lawyer to engage in any other conduct that adversely reflects on the lawyer's fitness to practice law). To find a violation of Colo. RPC 8.4(h), there must be "proof of conduct, the totality of which establishes that the lawyer engaged in conduct which reflects that he or she lacks the personal or professional moral and/or ethical qualifications required of those authorized to practice law. Conduct involving violence, lack of honesty, violation of trust, serious interference with the administration of justice, criminal endeavors, or comparable misconduct is required to establish a violation of Colo. RPC 8.4(h)." People v. Jaramillo, 35 P.3d 723 (Colo. PDJ 2001), 2001 Colo. Discipl. LEXIS 92, *8-9, citing People v. Theodore, 926 P.2d 1237, 1242-43 (Colo.1996)

(holding that attorney's engaging in conduct involving dishonesty amounts to conduct that adversely reflects on his fitness to practice law); People v. Good, 893 P.2d 101, 104 (Colo.1995)(holding that conduct of a sexual nature with regard to a client violates prior rule DR 1-102(A)(6)). The knowing and intentional destruction of another's property by a lawyer, without justification, demonstrates a lack of respect for and/or an inability of the individual to conform their conduct to the dictates of the law and is conduct which reflects that the lawyer lacks essential personal qualifications required of persons licensed to practice law.³

The Complaint also alleges that Stillman's conduct violated C.R.C.P. 241.6(5).⁴ That provision states:

Misconduct by a lawyer, individually or in concert with others, including the following acts or omissions, shall constitute grounds for discipline, whether or not the act or omission occurred in the course of an attorney-client relationship: (5) Any act or omission which violates the criminal laws of this state or any other state, or of the United States . . . .

The Complaint does not, however, specify any specific criminal statute allegedly violated. C.R.C.P. 251.14(a), the rule that governs the contents of disciplinary complaints, provides in part: "[t]he complaint shall set forth clearly and with particularity the grounds for discipline with which the respondent is charged and the conduct of the respondent which gave rise to those charges."⁵See People v. Lynch, 35 P.3d 509, 513 (Colo. PDJ 2000), 2000 Colo. Discipl. LEXIS 28

. The rule requires that the charging document in a disciplinary case set forth both a factual basis for the charges and the legal basis upon which the People seek discipline. Id. Procedural due process requires fair notice of the charge. Id., citing In the Matter of John Ruffalo, Jr., 390 U.S. 544, 550, 88 S.Ct. 1222, 20 L.Ed.2d 117 (1968). Fair notice of the charge envisions not only a recitation of the facts revealing the offensive conduct but also the identification of the legal prohibition which proclaims such conduct violative of the rules applicable to a lawyer's conduct. Ruffalo at 551, 88 S.Ct. 1222; see e.g. In the Matter of Andrew L....