Practice While Suspended
Colorado has had a spate of disciplinary cases involving practice by suspended attorneys.
In one matter, an attorney who had been suspended for three years in 2006 and never reinstated has been disbarred by a Colorado Hearing Board.
He posted several Craigslist ads
I MANAGE YOUR LEGAL ISSUES AND EXPENSES
Thank you for reading my ad. I practiced law for forty years. The learning curve was to manage other lawyers, to to [sic] restrain unnecessary activities and reduce all legal bills to a reasonable cost. You do not have to walk out of an attorney’s office shivering with anxiety waiting for the next monthly bill over which you have no control. If you are handling your own affairs I can help you in the same fashion. With average legal expense really coming in at $180 per hour that is $7,200 a week. Call me. Lets [sic] talk about some relief for you. Insurance companies have claims managers whose main responsibility is to keep on [sic] eye on their attorneys cost. Why shouldn’t you?
He secured a client
Howard Horner answered a Craigslist advertisement that Respondent had posted. Horner understood that Respondent was “an elderly, formerly practicing attorney that would, for a $40/hr rate, answer questions and assist me in my situation.” Respondent and Horner exchanged multiple email communications, and Respondent agreed to provide consulting services to Horner concerning “one specific [prior] tenant regarding one specific property rental.”
And drafted a letter to a tenant.
When the matter resolved quickly, Horner offered to pay $100 for the assistance.
In an email exchange disputing Respondent’s fee amount, Horner asserted, “I think this process has been very weird if not shady,” and “[h]ow do I even know you were ever a lawyer and not just someone scamming me and setting me up for really big problems.” Respondent countered, “[t]he next email are pictures if [sic] my former [law] license and degree.” He then sent Horner photographs of a certificate from Villanova University School of Law for meritorious service as president of the student bar association and his State of Colorado law license dated January 8, 1987. Horner ultimately paid Respondent a sum of $400.00 and filed a grievance with the People…
Respondent testified that he was “terribly sorry” for what had happened with Horner and emphasized that he did not wish Horner any ill-will. Respondent stated, “I have no excuse, I did a stupid thing [by making the Craigslist posting],” but he also repeated that it was never his intention to practice law. Respondent noted that before this incident he had never tried to practice law since his 2006 suspension. Respondent said he posted the Craigslist advertisement because he had some downtime from the GPNE projects and wanted to help others.
Sanction
Here, Respondent knew that he was suspended from the practice of law yet posted Craigslist advertisements offering legal services. He then conducted legal research, provided legal advice, drafted a letter making legal claims on behalf of a customer, and demanded that he be paid for the legal services he provided. Respondent engaged in these activities knowingly. Although Respondent’s history of community involvement is a substantial mitigator, it is not sufficient to overcome the presumptive sanction, other aggravating factors, and the weight of the case law. Given the presumptive sanction, the balance of aggravating and mitigating factors, the relevant case law, and Respondent’s prior discipline, we find that the appropriate sanction is disbarment.
An unrelated matter of unauthorized practice led to a consent three year suspension
Tauger’s law license has been suspended since 2011. In May 2019, Tauger was contacted by a former client about a commission dispute with another brokerage company from the sale of real property. Tauger told the client he was suspended. Nevertheless, the client requested that Tauger review the matter. The client paid Tauger $1,900.00 to review documents and assist him, though no written fee agreement was entered. On several occasions Tauger emailed other parties involved in the matter; these emails included legal analysis, statements about tortious interference, and references to confidential settlement communications. The email address Tauger used included the domain name “taugerlaw.” The other parties believed he was a lawyer representing the client based on the nature and content of his emails. When he was asked directly about his relationship and status, Tauger was vague and stated that he was semi-retired and assisting in the matter. He did not clarify that he was suspended and unable to practice law.
The third matter resulted in a concurrent suspension
Vahsholtz was suspended from the practice of law for one year and one day in case number 19PDJ033; his suspension took effect on July 29, 2019. In summer 2019, a long-time friend and former client told Vahsholtz that she had been unable to get information about her deceased father-in-law’s estate. Respondent told her that he personally knew the lawyer on the case and would call as a friend for an update. Vahsholtz did not believe that calling for information constituted the practice of law, and he had no expectation of payment. In late October 2019, Vahsholtz called the lawyer’s office and told a paralegal that he was a lawyer representing his friend. He then asked for an accounting of the estate on his friend’s behalf. During his communications with the paralegal, Vahsholtz never disclosed that his law license was suspended. About a week later, Vahsholtz spoke with the lawyer; he related that his friend was concerned about the lack of information she had received. This time, Vahsholtz made clear that his law license was suspended and that he was calling as a favor for a friend
(Mike Frisch)