Opinion
No. 25539
Decided September 8, 1972.
Original proceeding in discipline.
Respondent Publicly Censured
1. ATTORNEYS AT LAW — Transfer of Case — Lack of Permission — Failure to File Suit — Failure to Reinstate Case — Public Reprimand. Where attorney transferred case to another attorney without client's permission after accepting employment and docket fee from client, failed to file suit until over three years after being retained, and failed to have case reinstated after it was dismissed for failure to prosecute, held, as such, all of these actions constituted gross negligence and unprofessional conduct warranting public reprimand for dereliction of duty.
2. ATTORNEY AND CLIENT — Automobile — Fee — Stolen — Answer — Negative — Failure to Inquire Further — Breach of Obligation. Even though attorney asks client whether automobile given to attorney as a fee was stolen and receives a negative answer, nevertheless, attorney's failure to inquire further as to actual source of automobile, may constitute breach of attorney's obligation as a member of the bar.
Original Proceeding in Discipline
Duke W. Dunbar, Attorney General, John P. Moore, Deputy, L. James Arthur, Assistant, for The People of the State of Colorado.
Donald L. Lozow, for respondent.
Mr. Zelinger, you stand before this Honorable Court today in connection with several complaints made against you in which you have been charged with conducting yourself contrary to the highest standards of honesty, justice and morality. These matters were referred to the Grievance Committee of our Court, which held hearings thereon and made its report of recommendations to us. You were directed to file exceptions to that report if you cared to do so, but you filed no exceptions.
[1] With respect to the first charge against you, the Committee found that you accepted employment from a Mr. Green to bring an action for damages resulting to his crops from a spraying action. You did not bring this suit until some three and one-half years after you had received the docket fee, and thereafter you did not take any further action on the case. You then left the practice of law to devote your full time to other business and turned over the file in this case to a young attorney without asking permission or even notifying your clients of your referral. Shortly afterward, the matter was dismissed by the court for failure to prosecute and you took no steps to have the matter reinstated. Your defense in this matter was that the claim was a doubtful one, but that is no excuse for your failure to prosecute the same once you had accepted the employment, nor can you share the responsibility of mishandling the case with the young attorney to whom you transferred it. You violated your obligations to your client in not filing the suit until almost four years after you were retained, in or proceeding with the lawsuit during the period thereafter, in not procuring your client's permission to transfer the case to another attorney, and in not supervising its handling by that attorney. All of these actions constituted gross negligence and unprofessional conduct.
[2] The second charge deals with a car which you received as a fee from one of your clients. The car was stolen property. The Committee found that you did ask your client whether the car was stolen and that you received a negative answer from him. Nevertheless, the Committee felt that you should have made further inquiry as to the actual source of the vehicle, and we agree with the Committee's conclusion that your failure to do so under the circumstances of this case constituted a breach of your obligations as a member of the Bar. Conduct such as displayed by you in these two matters can only lead to contempt by the public for the calling which you profess.
Mr. Zelinger, you are publicly reprimanded for your dereliction of duty, and your continuing status as a member of the Bar of this Court is in serious jeopardy. You are solemnly warned that repetition of these violations or any other breach of your duty as a lawyer will be sufficient cause for more sever disciplinary action.
You are assessed costs in this matter in the sum of $274.49, which you are directed to pay into the Registry of this Court within 90 days.