Not Wonder Woman

A disciplinary sanction imposed by the Colorado hearing board

Following a hearing, a hearing board suspended Lynda Elizabeth Carter (Attorney Registration Number 41106) for eighteen months. Carter’s suspension took effect on January 20, 2016. To be reinstated, Carter will bear the burden of proving by clear and convincing evidence that she has been rehabilitated, has complied with disciplinary orders and rules, and is fit to practice law.

Carter, a recent admittee to the bar who operated a solo practice in Pagosa Springs, represented a man charged with misdemeanor sexual assault. She inadequately communicated with him, failed to safeguard his funds, neglected to properly withdraw from his representation, and recklessly converted advance legal fees. She thereby violated Colo. RPC 1.4(a)(3) (a lawyer shall keep a client reasonably informed about the status of the matter); Colo. RPC 1.5(f) (a lawyer does not earn fees until a benefit is conferred on the client or the lawyer performs a legal service); Colo. RPC 1.15(a) (2008) (a lawyer shall hold client property separate from the lawyer’s own property); Colo. RPC 1.16(d) (a lawyer shall protect a client’s interests upon termination of the representation, including by giving reasonable notice to the client and refunding unearned fees); and Colo. RPC 8.4(c) (a lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation).

In a second representation, Carter agreed to help a client recover funds from the sale of logging machinery. She did not communicate with the client sufficiently and did not safeguard his retainer, again violating Colo. RPC 1.4(a)(3), 1.5(f) and 1.15(a) (2008).

In addition to this client-focused misconduct, Carter failed to pay a court reporter’s invoice for deposition transcripts. By doing so, she breached Colo. RPC 8.4(d) (a lawyer shall not engage in conduct prejudicial to the administration of justice).

The opinion is linked here. (Mike Frisch)