See People v. Harfmann, 638 P.2d 745 (Colo. 1981); People v. Roads, 180 Colo. 192, 503 P.2d 1024 (1972). A. [5] Joseph A. Shea Complaint
In this case, the respondent's breach of fiduciary duties is sufficient to warrant disbarment. People v. Roads, 180 Colo. 192, 503 P.2d 1024 (1972). In our view, the respondent's conduct not only warrants but requires disbarment and we therefore order that the respondent's name be stricken from the roll of attorneys authorized to practice before the Supreme Court of Colorado.
"Misuse of [a client's] funds strikes at the heart of public confidence in the legal profession and requires the most severe punishment." People v. Harthun, 197 Colo. 1, 593 P.2d 324; see also People v. Roads, 180 Colo. 192, 503 P.2d 1024 (1972). Respondent agreed and undertook to probate the estate of Francis Edward Backemeyer. Yet, he never opened an estate or filed probate proceedings and apparently lost the last will and testament of Backemeyer. As a result of his failure to preserve and properly present the will and other documents relating to the estate, extended work had to be done by other lawyers to reconstruct the events surrounding the business dealings and transactions which involved Backemeyer's estate, so that the estate could be closed.