Opinion
05PDJ054.
December 22, 2005.
Attorney Regulation.
The Presiding Disciplinary Judge held a hearing and subsequently approved a Conditional Admission of Misconduct submitted by the parties and suspended Respondent Thomas J. Agresti (Attorney Registration No. 25077) from the practice of law for a period of one year and one day, effective January 22, 2006. The Presiding Disciplinary Judge also ordered Respondent to pay restitution to his former client and the costs incurred in conjunction with these proceedings. Respondent recklessly exercised unauthorized dominion and control over his client's funds despite not earning the funds, but did not scheme to defraud his client. As a result of Respondent's misconduct, his client suffered damages in the amount of $27,500.00. Respondent's conduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5 and violated Colo. RPC 1.5(a), Colo. RPC 1.5(b), Colo. RPC 1.15(a), (c), (g) and (h), Colo. RPC 1.7(b), and Colo. RPC 8.4(c).