People v. Albright

Summary

A Colorado attorney-discipline decision addressing an attorney’s pursuit of frivolous claims, defenses, and appeals arising from a real estate dispute, failure to pay court-ordered attorney fees, and misrepresentations and attempted presentation of false evidence in bankruptcy proceedings. The Hearing Board found violations of multiple Colorado Rules of Professional Conduct and imposed disbarment, along with costs and conditions concerning outstanding judgments.

Holdings

1. When a respondent fails to answer or otherwise participate and default is entered under C.R.C.P. 251.15(b), the factual allegations in the complaint are deemed admitted and the alleged rule violations are deemed proven by clear and convincing evidence.
2. An attorney violates Colo. RPC 3.1 by pursuing claims, defenses, and appeals unsupported by law or fact without a good-faith argument for changing existing law, and violates Colo. RPC 3.4(c) by knowingly failing to comply with court-ordered monetary sanctions.
3. Knowingly omitting material financial information or making material misrepresentations in filings with a tribunal violates Colo. RPC 3.3(a)(1), Colo. RPC 3.3(a)(4), and Colo. RPC 8.4(c); attempting to persuade a witness to give false testimony constitutes conduct violating Colo. RPC 8.4(a).
4. Disbarment is the appropriate sanction where an attorney knowingly violates court orders or rules, intentionally deceives a court through false statements or material omissions, causes serious or potentially serious harm to parties or legal proceedings, and engages in a pattern of misconduct with aggravating factors.

Questions Presented

1. Whether the respondent's failure to answer the disciplinary complaint permitted the factual allegations and rule violations to be deemed admitted and proven under C.R.C.P. 251.15(b).
2. Whether pursuing frivolous claims, defenses, and appeals and knowingly failing to comply with court-ordered monetary sanctions violated the Colorado Rules of Professional Conduct.
3. Whether knowingly making material omissions and misrepresentations in bankruptcy filings and attempting to induce false testimony violated the Colorado Rules of Professional Conduct.
4. Whether disbarment was the appropriate sanction for the respondent's misconduct.

Disposition

other