Opinion
No. 03PDJ068.
June 28, 2004.
Attorney Regulation.
The Presiding Disciplinary Judge approved the parties' Conditional Admission of Misconduct and suspended Respondent Elizabeth B. Matthews, attorney registration number 08836, from the practice of law in the State of Colorado, effective July 29, 2004, for a period of one year and one day. Respondent agreed to represent a client in a civil matter and to file bankruptcy proceedings on the client's behalf. The client paid Respondent an advance in both cases. Respondent deposited some of these fees in her personal account before they were earned in violation of Colo. RPC 1.15 (b). Respondent also violated Colo. RPC 1.15 (b) by failing promptly to return client funds or render an accounting. Respondent did not remain in contact with the client in violation of Colo. RPC 1.4 (a). Respondent did not complete work promised the client in either matter in violation of Colo. RPC 1.3. The client subsequently terminated Respondent's services with written notice, though Respondent claimed never to have received the letter. Judgment in the civil case was entered against the client. The client sued Respondent in small claims court for damages incurred in attorney's fees, successor attorney's fees and lost wages. The matter was settled. Respondent was ordered to the costs of the proceeding.