Opinion
No. 02PDJ084, 03PDJ092, 04PDJ038, 04PDJ066.
June 29, 2004.
Attorney Regulation.
The Presiding Disciplinary Judge approved the parties' Conditional Admission of Misconduct and suspended Respondent Matthew Samuel Smith, attorney registration number 22681, from the practice of law in the State of Colorado, effective July 31, 2004, for a period of one year and one day. In one client matter, Respondent neglected a dissolution proceeding, which led to foreclosure on marital property. Because of Respondent's inaction, the divorce proceeding was later dismissed for failure to prosecute. The client terminated the representation with Respondent and requested a refund of her fees. After more than two years, Respondent reimbursed the client. In another matter in which he represented two clients disputing a debt, Respondent failed to communicate critical information to his clients about upcoming hearings and stipulations he negotiated with opposing counsel. In a third matter, Respondent represented the husband in a divorce proceeding. Over an extended period, however, Respondent failed to take proper action in two post-divorce proceedings, leading to harm to his client. Respondent was ordered to make restitution to this client and to pay the costs connected with all disciplinary proceedings. In these matters, Respondent engaged in a pattern of conduct that violated, among other provisions, Colo. RPC 1.1 (failing to provide competent representation); (Colo. RPC 1.3 (neglecting a matter entrusted to him); Colo. RPC 1.4 (failing to keep the client informed); and, 1.16 (d) (failing promptly to take steps to protect the clients interests). Respondent was ordered to pay restitution and the costs of this proceeding.