Opinion
No. 05PDJ020.
August 2, 2005.
Attorney Regulation.
The Presiding Disciplinary Judge approved the parties' Conditional Admission of Misconduct and suspended Respondent Donald R. Carwin (Registration No. 7265) from the practice of law for a period of six months, with the requirement of reinstatement proceedings pursuant to C.R.C.P. 251.29(c-e), effective September 2, 2005. This proceeding arises from Respondent's misconduct in two client matters. In the first client matter, Respondent failed to keep his client informed of the status of a criminal appeal, and failed to turn over his client's file following termination of representation. In a second matter, Respondent failed to communicate the basis or rate of his fee to his client within a reasonable time period after commencing representation, and subsequently abandoned his client. Thus, Respondent violated Colo. RPC 1.3 (neglect of an entrusted legal matter), 1.4(a) (failure to keep client reasonably informed regarding status of a matter), 1.5(b) (failure to communicate the basis or rate of an attorney's fee in writing), and 1.16(d) (failure to take reasonably practicable steps to protect a client's interests). The Court ordered Respondent to pay restitution, and the costs incurred in conjunction with this proceeding.