People v. Grossenbach

12 Citing cases

  1. People v. Anderson

    828 P.2d 228 (Colo. 1992)   Cited 10 times

    The assistant disciplinary counsel contends that disbarment is appropriate, citing People v. Ashley, 817 P.2d 965 (Colo. 1991); People v. Grossenbach, 814 P.2d 810 (Colo. 1991); and People v. Bergmann, 807 P.2d 568 (Colo. 1991). We find these cases distinguishable.

  2. People v. Andersen

    58 P.3d 537 (Colo. 2000)   Cited 1 times

    1991) (conversion of trust funds warrants disbarment); People v. Mulligan, 817 P.2d 1028 (Colo. 1991) (attorney disbarred for conversion of client funds); People v. Grossenbach, 814 P.2d 810 (Colo. 1991) (conversion of client funds and knowing deception of clients warrants disbarment); People v. Quick 716 P.2d 1082, 1086 (Colo. 1986) (approving the parties' conditional admission of misconduct and disbarring attorney for, among other things, theft of client's money).

  3. People, State of Colorado v. Ogborn

    887 P.2d 21 (Colo. 1994)   Cited 12 times
    Finding double reimbursement for expenses improper

    1991) (attorney disbarred for conversion of client funds); People v. Calt, 817 P.2d 969 (Colo. 1991) (assisting client in fraudulent scheme to obtain funds from the client's employer warrants disbarment of the lawyer); People v. Grossenbach, 814 P.2d 810 (Colo. 1991) (conversion of client funds and knowing deception of clients warrants disbarment). Moreover, in the absence of mitigating circumstances, the American Bar Association's Standards for Imposing Lawyer Sanctions (1991 Supp. 1992) (ABA Standards) states that "[d]isbarment is generally appropriate when a lawyer knowingly converts client property and causes injury or potential injury to a client."

  4. People v. Robbins

    869 P.2d 517 (Colo. 1994)   Cited 11 times
    Converting client trust funds warrants disbarment even if funds are restored before clients learn they are missing but not before the conversion is discovered by the lawyer's law firm

    1991) (attorney disbarred for conversion of client funds); People v. Calt, 817 P.2d 969 (Colo. 1991) (assisting client in fraudulent scheme to obtain funds from the client's employer warrants disbarment of the lawyer); People v. Grossenbach, 814 P.2d 810 (Colo. 1991) (conversion of client funds and knowing deception of clients warrants disbarment). Moreover, in the absence of mitigating circumstances, the American Bar Association's Standards for Imposing Lawyer Sanctions (1991 Supp. 1992) (ABA Standards) state that "[d]isbarment is generally appropriate when a lawyer knowingly converts client property and causes injury or potential injury to a client."

  5. People v. Young

    864 P.2d 563 (Colo. 1993)   Cited 28 times
    Holding that disbarment is the presumed sanction for knowing conversion barring significant factors in mitigation

    1991) (attorney disbarred for conversion of client funds); People v. Calt, 817 P.2d 969 (Colo. 1991) (assisting client in fraudulent scheme to obtain funds from the client's employer warrants disbarment of the lawyer); People v. Grossenbach, 814 P.2d 810 (Colo. 1991) (conversion of client funds and knowing deception of clients warrants disbarment). Under the American Bar Association's Standards for Imposing Lawyer Sanctions (1991 Supp. 1992) (ABA Standards), in the absence of mitigating circumstances, "[d]isbarment is generally appropriate when a lawyer knowingly converts client property and causes injury or potential injury to a client."

  6. People v. Kearns

    843 P.2d 1 (Colo. 1992)   Cited 12 times
    Upholding a suspension for one year and one day where the attorney made misrepresentations to obtain a loan and then assigned a promissory note secured with loan's proceeds without the lender's knowledge

    1991) (attorney disbarred for conversion of client funds); People v. Calt, 817 P.2d 969 (Colo. 1991) (assisting client in fraudulent scheme to obtain funds from the client's employer warrants disbarment of the lawyer); People v. Grossenbach, 814 P.2d 810 (Colo. 1991) (conversion of client funds and knowing deception of clients warrants disbarment). If, as the hearing board found, the respondent's motivation for inducing Wingerter to make the loan was the expectation that Wingerter would permit the use of the anticipated $125,000 for collateral to capitalize the medical sales business, the respondent could not have actually known or intended that Wingerter lose the $100,000 principal.

  7. People v. Tanquary

    831 P.2d 889 (Colo. 1992)   Cited 6 times

    Id. at 4.61. See Mulligan, 817 P.2d at 1028; People v. Grossenbach, 814 P.2d 810 (Colo. 1991) (conversion of client funds warrants disbarment). In aggravation, the board determined that the respondent's conduct was both selfish and dishonest, ABA Standards 9.22(b); Schilling was an especially vulnerable victim, id. at 9.

  8. People v. Finesilver

    826 P.2d 1256 (Colo. 1992)   Cited 23 times
    Finding that even a significant number of mitigating factors was insufficient to justify a sanction less than disbarment given the serious nature of the lawyer’s conversion of funds and forgery

    1991) (attorney disbarred for conversion of client funds); People v. Calt, 817 P.2d 969 (Colo. 1991) (assisting client in fraudulent scheme to obtain funds from the client's employer warrants disbarment of the lawyer); People v. Grossenbach, 814 P.2d 810 (Colo. 1991) (conversion of client funds and knowing deception of clients warrants disbarment). The hearing board determined that the following factors were present in aggravation, and we agree: (1) a dishonest and selfish motive on the part of the respondent, ABA Standards 9.22(b); (2) a pattern of misconduct, id. at 9.

  9. People v. Koransky

    824 P.2d 819 (Colo. 1992)   Cited 2 times
    In Koransky, 824 P.2d at 823, we "ordered that Ralph J. Koransky be disbarred and that his name be stricken from the list of attorneys authorized to practice before this court, effective immediately upon the issuance of this opinion."

    " People v. Margolin, 820 P.2d 347, 349 (Colo. 1991); see also People v. Grossenbach, 814 P.2d 810 (Colo. 1991) (conversion of client funds and knowing deception of clients warrants disbarment). The respondent wholly defaulted below and in this court and we find that there are insufficient mitigating circumstances to call for a sanction short of disbarment.

  10. People v. Nulan

    820 P.2d 1117 (Colo. 1991)   Cited 11 times
    Finding conversion even though escrowed funds held by the lawyer were the property of persons who were not clients of the lawyer

    Oct. 7, 1991) (long-term conversion of client funds warrants disbarment); People v. Calt, No. 91SA215 (Colo. Sept. 16, 1991) (assisting client's fraudulent scheme to obtain funds from the client's employer warrants disbarment); People v. Grossenbach, 814 P.2d 810 (Colo. 1991) (conversion of client funds and knowing deception of clients warrants disbarment). Although the escrowed funds were the property of parties who were not clients of the respondent, such circumstance does not alter the fact that the respondent assumed fiduciary responsibility over the funds as a consequence of his role as attorney for a client.