Practice Pointer: Don’t Threaten A Bar Complainant

The Colorado Presiding Judge ordered a stayed six-month suspension and probation for an attorney’s misconduct in five matters.

One of the matters

 In a final matter, Buchheit placed several phone calls and sent numerous test messages to an individual who had filed a request for investigation against Buchheit with the Office of Attorney Regulation; Buchheit threatened that individual with a lawsuit unless he spoke with Buchheit. Through this conduct, Buchheit violated C.R.C.P. 251.32(e) (prohibiting lawsuits based on testimony given in disciplinary proceedings or communications relating to attorney misconduct) and Colo. RPC 8.4(d) (proscribing conduct prejudicial to the administration of justice).

(Mike Frisch)