Opinion
No. 05PDJ040.
May 5, 2005.
Attorney Regulation.
The Presiding Disciplinary Judge approved the parties' Conditional Admission of Misconduct and suspended Respondent Jerry E. Mills (Registration No. 606) from the practice of law for a period of 45 days, effective June 5, 2005. The suspension is stayed pending successful completion of a one-year period of probation. This proceeding arises out of two criminal client matters. In both, Respondent did not reduce the fee arrangement to writing and deposited yetunearned funds into his general operating account. In one of the matters, Respondent did not return the client's file until 18 months after requested to do so and 21 months after termination of the representation. Thus, Respondent violated Colo. RPC 1.5(b) (failure to communicate basis of fee in writing within a reasonable time after commencing representation), 1.15(a) (failure to hold client property separate from the attorney's own property), and 1.16(d) (failure to take reasonably practicable steps to protect a client's interest upon termination of representation). Conditions of probation include successful completion of a trust account course and law office audit/monitoring. Respondent was also ordered to pay the costs incurred in conjunction with this proceeding.