3. Disbarment for abandonment plus other serious misconduct.E.g. People v. Townshend, 933 P.2d 1327 (Colo. 1997) (lawyer who had previously received letter of admonition and private censure disbarred for accepting advance fees from two clients then abandoning them without returning or accounting for unearned fees); People v. Valley, 960 P.2d 141 (Colo. 1998) (attorney who defaulted in disciplinary proceeding disbarred for abandoning law practice, disregarding court orders, and making misrepresentations to clients, where aggravating factors included previous discipline, dishonest or selfish motive, indifference to restitution, vulnerable victims, substantial legal experience, multiple offenses, a pattern of misconduct, and bad faith obstruction of disciplinary proceedings); People v. Steinman, 930 P.2d 596 (Colo.
See People v. Varallo, 913 P.2d 1, 10-11 (Colo. 1996) (concluding that a lawyer's absence of prior discipline and evidence of his good character did not overcome the presumption of disbarment for the lawyer's knowing use of his client's funds for his personal benefit); see also People v. Lavenhar, 934 P.2d 1355, 1359 (Colo. 1997) (finding that a lawyer's misconduct, including knowingly misappropriating third-party funds, which was exacerbated by seven aggravating factors, warranted disbarment). See People v. Townshend, 933 P.2d 1327, 1329 (Colo. 1997) (disbarring a lawyer for abandoning two client matters and failing to account for or refund unearned fees); People v. Jamrozek, 914 P.2d 350, 354 (Colo. 1996) (disbarring a lawyer who accepted fees from clients and then abandoned them, causing the clients substantial harm); People v. Williams, 845 P.2d 1150, 1152-53 (Colo. 1993) (disbarring a lawyer who abandoned a client's case and failed to account for or return a $500.00 retainer); People v. Southern, 832 P.2d 946, 947-48 (Colo. 1992) (disbarring a lawyer after the lawyer failed to appear or diligently represent clients in multiple matters, causing the clients serious and potentially serious injury); People v. Quintana, 752 P.2d 1059, 1062 (Colo. 1988) (disbarring a lawyer after the lawyer failed to file written findings on behalf of a client, resulting in the loss of the client's child support benefits for one year; failed to pursue nonsupport proceedings on behalf of another client; failed to return the clients' unearned funds; a
Given the circumstances here, including Respondent's pattern of neglect, the serious and potentially serious injury resulting from that misconduct, the sole mitigator, and the numerous aggravators, the Court does not hesitate to find that disbarment is the appropriate sanction.See People v. Townshend , 933 P.2d 1327, 1329 (Colo. 1997) (disbarring a lawyer for abandoning two client matters and failing to account for or refund unearned fees); People v. Williams , 845 P.2d 1150, 1152-53 (Colo. 1993) (disbarring a lawyer who abandoned a client's case and failed to account for or return a $500.00 retainer); People v. Southern , 832 P.2d 946, 947-48 (Colo. 1992) (disbarring a lawyer who neglected and abandoned clients).See People v. Jamrozek , 914 P.2d 350, 354 (Colo. 1996) (disbarring a lawyer who accepted fees from several clients and then abandoned them, causing the clients substantial harm).
Given the totality of the circumstances, including Respondent's pattern of neglect, the serious and potentially serious injury resulting from that misconduct, the surfeit of aggravators, and the absence of mitigators, the Court concludes that Respondent should be disbarred.See People v. Townshend , 933 P.2d 1327, 1329 (Colo. 1997) (disbarring a lawyer with prior discipline for abandoning two client matters and failing to account for or refund unearned fees); People v. Williams , 845 P.2d 1150, 1152-53 (Colo. 1993) (disbarring a lawyer who abandoned a client's case and failed to account for or return a $500.00 retainer); People v. Southern , 832 P.2d 946, 947-48 (Colo. 1992) (finding disbarment warranted when a lawyer neglected and abandoned clients, particularly because the lawyer had previously been suspended for the same misconduct).See People v. Jamrozek , 914 P.2d 350, 354 (Colo. 1996) (disbarring a lawyer who accepted fees from several clients and then abandoned them, causing the clients substantial harm).
Given the totality of the circumstances, including Respondent's pattern of neglect, the serious and potentially serious injury resulting from that misconduct, the surfeit of aggravators, and the absence of mitigators, the Court concludes that Respondent should be disbarred.See People v. Townshend , 933 P.2d 1327, 1329 (Colo. 1997) (disbarring a lawyer with prior discipline for abandoning two client matters and failing to account for or refund unearned fees); Williams , 845 P.2d at 1152-53 (disbarring a lawyer who abandoned a client's case and failed to account for or return a $500.00 retainer); People v. Southern , 832 P.2d 946, 947-48 (Colo. 1992) (disbarring a lawyer who had prior discipline for neglect and for abandoning several client matters).
In re Stevenson , 979 P.2d 1043, 1045 (Colo. 1999) (disbarring a lawyer who abandoned a client and knowingly converted several hundred dollars of the client's money); People v. Townshend , 933 P.2d 1327, 1329 (Colo. 1997) (applying ABA Standard 4.41 and collecting cases imposing disbarment for abandonment and conversion); People v. Kuntz , 942 P.2d 1206, 1208-09 (Colo. 1997) (disbarring a lawyer who accepted fees from several clients, performed little to no work on their cases, and then abandoned the clients without returning their funds).
People v. Stevenson , 979 P.2d 1043, 1045 (Colo. 1999) (disbarring a lawyer who abandoned a client and knowingly converted several hundred dollars of the client's money); People v. Townshend , 933 P.2d 1327, 1329 (Colo. 1997) (applying ABA Standard 4.41 and collecting cases imposing disbarment for abandonment and conversion); People v. Kuntz , 942 P.2d 1206, 1208-09 (Colo. 1997) (disbarring a lawyer who accepted fees from several clients, performed little to no work on their cases, and then abandoned the clients without returning their funds).
Accordingly, the settled case law, together with the presumptive sanction and the significant applicable aggravating factors, clearly supports disbarment here.See, e.g., People v. Townshend , 933 P.2d 1327, 1329 (Colo. 1997) (disbarring a lawyer who accepted retainers from two clients, abandoned them, and then failed to participate in the disciplinary proceeding); People v. Lavenhar , 934 P.2d 1355, 1358-59 (Colo. 1997) (imposing disbarment for multiple instances of misconduct, the most serious of which was knowing conversion of third-party funds, and stating that "[w]e have repeatedly held that a lawyer's knowing misappropriation of funds, whether belonging to a client or third party, warrants disbarment except in the presence of extraordinary factors of mitigation"); People v. Varallo , 913 P.2d 1, 10-12 (Colo. 1996) (indicating that knowing conversion calls for disbarment, absent significant mitigation); People v. Lefly , 902 P.2d 361, 364 (Colo.
1999) (disbarring a lawyer who abandoned his client and misappropriated funds); People v. Kuntz , 942 P.2d 1206, 1208 (Colo. 1997) (disbarring a lawyer who accepted legal fees from several clients, performed little to no work on their cases, and then abandoned the clients without returning their funds); People v. Townshend , 933 P.2d 1327, 1329 (Colo. 1997) (disbarring an attorney who accepted advance fees from two clients, abandoned the clients' matters, and failed to returned unearned retainers); People v. Steinman , 930 P.2d 596, 599-600 (Colo. 1997) (disbarring a lawyer who accepted fees from clients, abandoned them, and kept their money).
, In re Stevenson , 979 P.2d 1043, 1043–44 (Colo. 1999) ; People v. Townshend , 933 P.2d 1327, 1329 (Colo. 1997) ; People v. Roybal , 949 P.2d 993, 996–98 (Colo. 1997) ; People v. Lefly , 902 P.2d 361, 364 (Colo. 1995).