Vol. 42, No. 4
From the Courts
Colorado Disciplinary Cases
Disciplinary Case Summaries
The summaries of disciplinary case Opinions and Conditional Admissions of Misconduct are prepared by the Office of the Presiding Disciplinary Judge (PDJ) and are provided as a service by the Colorado Bar Association (CBA). The CBA cannot guarantee the accuracy or completeness of the summaries. The full text of the disciplinary Opinions, when published by the PDJ, follows the summaries page(s). The summaries and full-text Opinions also are accessible from the CBA website: www.cobar.org (click on "Opinions/Rules/Statutes"). Opinions, including exhibits, complaints, amended complaints, and summaries, also are available at the PDJ website, www.coloradosupremecourt.com/PDJ/pdj.htm, and on LexisNexis.®
No. 12PDJ031. People v. Jones. 02/05/2013. Attorney Reinstated. Pursuant to CRCP 251.29(b), the PDJ reinstated D. Robert Jones, attorney registration number 25393, to the practice of law. Reinstatement was effective February 21, 2013. No opinion was issued.
Summaries of Decisions Regarding
Conditional Admission of Misconduct Issued by the PDJ
The PDJ’s approval of a Conditional Admission of Misconduct does not result in a written Opinion but only a brief Order, which does not constitute precedent. Conditional Admissions of Misconduct are public record and are available for review at the Office of the PDJ, 1560 Broadway, Ste. 675, Denver, CO 80202; (303) 866-6658; www.coloradosupremecourt.com/PDJ/pdj.htm. They also are available on LexisNexis.®
No. 13PDJ015. People v. Kleinsmith. 01/31/2013. Attorney Publicly Censured.
The PDJ approved a conditional admission of misconduct submitted by the parties and publicly censured Philip M. Kleinsmith, attorney registration number 01063. The sanction was effective January 31, 2013.
On March 20, 2012, Kleinsmith was reprimanded by the State of Arizona for violating the Arizona Rules of Professional Conduct. He was reprimanded for filing improper arbitration certificates in nine court matters; failing to appear for two hearings in Wisconsin and billing his client for corrective motions to remedy his failures to appear; making errors in preparing a notice of sale in a Florida real estate matter; and failing to reasonably communicate with a client before filing a motion to withdraw from representation. On October 26, 2012, the State of Utah publicly reprimanded him for the same misconduct addressed in the Arizona matter. Kleinsmith’s misconduct constituted grounds for the imposition of reciprocal discipline pursuant to CRCP 251.5 and 251.21(a).
No. 13PDJ010. People v. Margulis. 01/30/2013. Attorney Suspended.
The PDJ approved a conditional admission of misconduct submitted by the parties and suspended James Stanton Margulis, attorney registration number 40750, for six months, with the requirement of reinstatement. All six months were stayed pending the successful completion of a three-year period of probation with conditions. The suspension was effective January 30, 2013.
Stanton was arrested after he became extremely intoxicated at a local restaurant and could not pay the restaurant’s bill. He pleaded guilty to the charge of Theft—under $500, a second-degree misdemeanor. His misconduct constituted grounds for the imposition of discipline pursuant to CRCP 251.5, and violated Colo. RPC 8.4(b).
No. 13PDJ017. People v. Salaymeh. 02/01/2013. Attorney Suspended.
The PDJ approved a conditional admission of misconduct submitted by the parties and suspended Raja M. Salaymeh, attorney registration number 33601, for six months, all stayed pending the successful completion of a two-year period of probation with conditions. The suspension was effective February 1, 2013.
After meeting with and accepting payment from a client, Salaymeh determined that the client had overpaid him by $182. For approximately one week, he kept the overpayment in his desk drawer and did not record the overpayment or notify his law firm or his client of the overpayment. Salaymeh’s misconduct constituted grounds for the imposition of discipline pursuant to CRCP 251.5, and violated Colo. RPC 1.15(a) and (l).
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