Opinion
No. 03PDJ018.
March 26, 2003.
The Presiding Disciplinary Judge approved the parties' Conditional Admission of Misconduct and suspended Respondent, Lance E. Isaac, attorney registration number 22918, from the practice of law in the State of Colorado for a period of six months, all stayed during a two-year period of probation with conditions. This disciplinary proceeding arises from four separate client matters. In one matter, respondent filed suit on behalf of the client concerning an employment claim. Respondent did not effect service of process on defendants within the time period required by court order, and the court dismissed the case. Respondent did not inform the client that the lawsuit had been dismissed. The statute of limitations expired on the client's claims. Respondent filed a notice of appeal from the court's ruling without notice to or consent from his client. As of early 2003, respondent had still not served process of the appeal upon the defendants. Respondent did not communicate with the client concerning the dismissal or appeal of the case. Respondent violated Colo. RPC1.3, Colo. RPC 1.4(a), and Colo. RPC 1.4(b).
In a second matter, respondent contracted with an expert witness for services and, despite repeated demand and attempts to communicate with respondent, the expert witness did not receive payment for his services. He hired an attorney who, after significant delay, negotiated a payment plan with respondent. Respondent still owes a specific sum of the total amount. Respondent's conduct violated Colo. RPC 8.4(h).
In a third matter, respondent represented a client in a personal injury matter and filed a complaint on the client's behalf. After the defendant filed an answer, the respondent took no further action to prosecute the case. Respondent's conduct violated Colo. RPC 1.3. Additionally, in his representation of two clients facing criminal matters, respondent repeatedly failed to appear for scheduled hearings and failed to notify the court, opposing counsel, or the client, or he notified them at the last minute. Respondent's conduct violated Colo. RPC 1.3. His causing the court to reschedule hearings violated Colo. RPC 8.4(d). With regard to all matters giving rise to this disciplinary proceeding, respondent's health was considered as a mitigating factor, causing or contributing to the misconduct. Respondent was ordered to pay the costs of the proceeding.