Ill- Advised Advice Gets Lawyer Suspended

From the web page of the Colorado Supreme Court

Beecher advised his client, a criminal defendant, not to attend a pretrial conference when he discovered that her ex-husband, whom he believed was dangerous and violent, would be attending the conference. Disregarding all available information to the contrary, Beecher assured his client that he would obtain a continuance and informed her that she need not appear. Although he failed to obtain a continuance, Beecher refused to attend the pretrial conference himself. As a result, a bench warrant issued for his client’s arrest. Beecher then delayed taking appropriate action to quash the warrant or resolve the situation, and he failed to secure his client’s appearance at a subsequent hearing.

Beecher’s incompetent advice to his client, coupled with his failure to attend the pretrial conference and his mishandling of the consequences of those decisions, violated Colo. RPC 1.1 (a lawyer shall provide competent representation to a client) and Colo. RPC 8.4(d) (a lawyer shall not engage in conduct prejudicial to the administration of justice). Taking into account the totality of the circumstances, with special consideration of Beecher’s prior disciplinary history, the hearing board concluded that Beecher should be suspended for six months, with the requirement that he petition for reinstatement under C.R.C.P. 251.29(c).

A hearing board imposed a six-month suspension with a requirement that he petition for reinstatement. (Mike Frisch)