California Sanctions Imposed In Colorado

The Colorado Presiding Disciplinary Judge has imposed reciprocal discipline based on sanctions imposed in California

 On September 1, 2015, the State Bar Court of California suspended Malpass from the practice of law in California for two years, all but ninety days stayed, upon successful completion of a three-year period of probation. Malpass was hired by a couple to file a bankruptcy petition, and he was required to—but but did not—seek approval from the bankruptcy court before collecting $42,000.00 in attorney’s fees from his clients. He failed to file a bankruptcy petition for his clients, who terminated his representation. The bankruptcy court ordered Malpass to disgorge the $42,000.00 in fees that he had collected. But he did not repay any portion of the $42,000.00 before he was suspended from the practice of law in California. During his probationary term in California, Malpass must pay his clients restitution.

On April 29, 2016, the State Bar Court of California suspended Malpass from the practice of law in California for one year, all stayed, upon successful completion of a one-year period of probation. This suspension was premised on Malpass’s conviction of a criminal misdemeanor for attempting to grab a telephone from an acquaintance and striking her in the face. He did not report this conviction to the California state bar.

Malpass did not report either suspension to the Colorado Office of Attorney Regulation Counsel. Nor did he report his criminal misdemeanor conviction.

The misdemeanor is described in the California recommendation

On May 14, 2008, at approximately 12:00 p.m., Ms. X, an acquaintance of respondent who occasionally visited respondent’s office to provide clerical assistance, answered a call from respondent’s client.

Respondent, who was nearby speaking to an employee, Ms. Y, approached Ms. X and asked to speak to respondent’s client. Ms. X refused to give the phone to respondent.

Respondent grabbed for the telephone, striking Ms. X in the face. Respondent then walked back to his office to speak to the client.

Ms. Y observed the incident and called the police.

The police subsequently arrived, questioned respondent, Ms. X, and Ms. Y. Respondent was arrested for violation of Penal Code section 242, a batt

 The sanction is a three-year suspension with all but 90 days stayed and probation. (Mike Frisch)