People v. Townshend, 933 P.2d 1327 (Colo. 1997). · Go Syfert
People v. Townshend, 933 P.2d 1327 (Colo. 1997). Cases Citing This Book View Copy Cite
33 citation events (19 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Thompson (colo, 2006-07-21)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 26 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Thompson
Colo. · 2006 · confidence medium
See In re Stevenson, 979 P.2d 1043, 1044 (Colo.1999) (attorney disbarred for abandoning client and misappropriating funds); People v. Townshend, 933 P.2d 1327, 1328 (Colo.1997) (attorney disbarred for effective abandonment of clients); People v. Gilbert, 921 P.2d 48, 50 (Colo.1996) (attorney disbarred for conversion of client funds and abandonment of practice); People v. Goldstein, 887 P.2d 634 (Colo.1994) (attorney disbarred for dishonest and deceitful conduct in handling two legal matters in which he concocted the progress he was making on the clients’ cases, when indeed he had undertaken …
cited Cited as authority (rule) People v. Dougherty
Colo. · 2003 · confidence medium
People v. Townshend, 933 P.2d 1327, 1329 (Colo.1997) (lawyer disbarred who effectively abandoned two clients after accepting retainers and failing to account for or return the unearned retainers).
discussed Cited as authority (rule) People v. Lenahan
Colo. · 2002 · confidence medium
See People v. Wallace, 936 P.2d 1282, 1284 (Colo.1997) (disbarring lawyer who abandoned clients, causing them serious harm, and knowingly misappropriated client funds); People v. Townshend, 933 P2d 1327, 1329 (Colo.1997)(Iawyer disbarred who effectively abandoned two clients after accepting retainers and failing to account for or return the unearned retainers).
discussed Cited as authority (rule) People v. Scruggs
Colo. · 2002 · confidence medium
See People v. Ain, 35 P.3d 734, 789 (Colo. PDJ 2001)(attorney disbarred for abandonment of a client matter, knowingly converting funds, for making misrepresentations and for violation of court order); People v. Wallace, 986 P.2d 1282, 1284 (Colo.1997) (disbarring lawyer who abandoned clients, causing them serious harm, and knowingly misappropriated client funds); People v. Townshend, 933 P.2d 1327, 1329 (Colo.1997) (lawyer disbarred who effectively abandoned two clients after accepting retainers and failing to account for or return the unearned retainers); People v. Gilbert, 921 P.2d 48, 50 (C…
discussed Cited as authority (rule) People v. Ain
Colo. · 2001 · confidence medium
See People v. Wallace, 936 P.2d 1282, 1284 (Colo. 1997) (disbarring lawyer who abandoned clients, causing them serious harm, and knowingly misappropriated client funds); People v. Townshend, 933 P.2d 1327, 1329 (Colo.1997) (lawyer disbarred who effectively abandoned two clients after accepting retainers and failing to account for or return the unearned retainers); People v. Gilbert, 921 P.2d 48, 50 (Colo.1996) (attorney disbarred for converting client funds in conjunction with abandonment of practice); People v. Steinman, 930 P.2d 596, 599-600 (Colo.1997) (lawyer disbarred who accepted fees fr…
discussed Cited as authority (rule) People v. Miller
Colo. · 2001 · confidence medium
See People v. Holmes, 951 P2d 471 , 479 (Colo.1998)(disbarring attorney, in part, for misappropriating fees and abandoning clients); People v. McDowell, 942 P.2d 486, 492 (Colo.1997)(holding that disbarment was presumed sanction for knowingly misappropriation of funds); People v. Townshend, 933 P.2d 1327, 1329 (Colo.1997)(lawyer disbarred who effectively abandoned two clients after accepting retainers and failing to account for or return the unearned retainers); People v. Steinman, 930 P2d 596, 599-600 (Colo.1997)(lawyer disbarred who accepted fees from clients and then abandoned them while ke…
discussed Cited as authority (rule) People v. Schmeiser
Colo. · 2001 · confidence medium
See Wallace, 936 P.2d at 1284 (disbarring lawyer who abandoned clients, causing them serious harm, and knowingly misappropriated client funds); People v. Townshend, 933 P.2d 1327, 1329 (Colo.1997) (lawyer disbarred who effectively abandoned two clients after accepting retainers and failing to account for or return the unearned retainers); People v. Gilbert, 921 P.2d 48 , (Colo.1996)(attorney disbarred for converting client funds in conjunction with abandonment of practice); People v. Steinman, 930 P.2d 596, 599-600 (Colo.1997)(lawyer disbarred who accepted fees from clients and then abandoned …
discussed Cited as authority (rule) People v. Pedersen
Colo. · 1999 · confidence medium
See Matter of Stevenson, 979 P.2d 1043, 1045 (Colo.1999)(attorney disbarred for abandoning client and misappropriating funds); People v. Townshend, 933 P.2d 1327, 1328 (Colo.1997)(attorney disbarred for effec *177 tive abandonment of clients); People v. Gilbert, 921 P.2d 48, 50 (Colo.1996)(attorney disbarred for conversion of client funds and abandonment of practice).
discussed Cited as authority (rule) People v. Righter
Colo. · 1999 · confidence medium
See Matter of Stevenson, 979 P.2d 1043, 1044 (Colo.1999)(attorney disbarred for abandoning client and misappropriating funds); People v. Townshend, 933 P.2d 1327, 1328 (Colo.1997)(attorney disbarred for effective abandonment of clients); People v. Gilbert, 921 P.2d 48, 50 (Colo.1996)(attorney disbarred for conversion of client funds and abandonment of practice).
discussed Cited as authority (rule) People v. Roybal
Colo. · 1997 · confidence medium
See, e.g., People v. Kuntz, 942 P.2d 1206, 1209 (Colo.1997) (lawyer disbarred who accepted legal fees in eight matters, performed little or no services, and abandoned clients while misappropriating their money); People v. Townshend, 933 P.2d 1327, 1329 (Colo.1997) (lawyer disbarred who accepted advance fees from two clients then effectively abandoned them, and failed to account for or return the unearned retainers she collected, thereby converting those funds to her own use); People v. Steinman, 930 P.2d 596, 599-600 (Colo.1997) (lawyer disbarred who accepted fees from clients and then abandon…
discussed Cited as authority (rule) People v. Crist
Colo. · 1997 · confidence medium
See, e.g., People v. Wallace, 936 P.2d 1282, 1284 (Colo.1997) (disbarring lawyer who abandoned clients, causing them serious harm, and knowingly misappropriated client funds); People v. Townshend, 933 P.2d 1327, 1329 (Colo.1997) (lawyer disbarred who effectively abandoned two clients after accepting retainers and failing to account for or return the unearned retainers); People v. Fritsche, 897 P.2d 805, 806-807 (Colo.1995) (lawyer who effectively abandoned clients and disregarded disciplinary proceedings disbarred).
discussed Cited as authority (rule) People v. Madigan
Colo. · 1997 · confidence medium
See, e.g., People v. Fager, 938 P.2d 138, 140-141 (Colo.1997) (lawyer disbarred who engaged in multiple instances of neglect, failed to return unearned client funds, practiced law under administrative suspension, and converted client funds to his own use); People v. Townshend, 933 P.2d 1327, 1329 (Colo.1997) (lawyer disbarred who accepted advance fees from two clients then effectively abandoned them, and failed to account for or return unearned retainers collected, thereby converting client funds for personal use); People v. Steinman, 930 P.2d 596, 599-600 (Colo.1997) (lawyer disbarred who acc…
cited Cited "see" People v. Ringler
Colo. · 2013 · signal: see · confidence high
See ABA Standards 9.21 & 9.31. . 949 P.2d4 993, 997 (Colo.1997). . 933 P.2d 1327, 1329 (Colo.1997). . 979 P.2d 1043, 1044 (Colo.1999). .
discussed Cited "see" People v. Segal
Colo. · 2002 · signal: see · confidence high
See People v. Townshend, 933 P.2d 1327, 1329 (Colo.1997)(lawyer disbarred when he effectively abandoned two clients after accepting retainers and failing to account for or return the unearned retainers); People v. Jenks, 910 P.2d 688, 692 (Colo.1996)(attorney disbarred' *178 for accepting legal fees from a number of clients and then abandoning them); People v. Tucker, 904 P.2d 1321, 1325 (Colo.1995)(law-yer disbarred who abandoned clients while continuing to collect attorney fees for work that would not be performed); People v. Fritsche, 897 P.2d 805, 806-807 (Colo.1995)(lawyer who effectively…
discussed Cited "see" People v. Hambric
Colo. · 2001 · signal: see · confidence high
See People v. Townshend, 933 P.2d 1327 (Colo.1997)(disbarring the attorney for accepting retainers from two clients and then effectively aban *660 doning their matters); People v. Varallo, 913 P.2d 1, 12 (Colo.1996)(disbarring attorney for knowingly using client funds for his personal benefit, appropriating client's refundable retainer with without authorization, commingling client and personal funds and failing to pay investigator); People v. Elliot, 99PDJ059 (consolidated with 99PDJ086), slip op. at 8 (Colo. PDJ March 1, 2000), 29 Colo. Law.112, 114 (May 2000)(disbarring the attorney for con…
discussed Cited "see" People v. Wright
Colo. · 1999 · signal: see · confidence high
See People v. Townshend, 933 P.2d 1327, 1329 (Colo.1997)(holding that effective abandonment of client matters while under suspension warrants disbarment); People v. Mundis, 929 P.2d 1327, 1331 (Colo.1996)(holding that disbarment is appropriate where attorney practiced law while under order of suspension and neglected legal matters); People v. Jamrozek, 914 P.2d 350, 354 (Colo.1996)(holding that disbarment was warranted where, infer alta, attorney accepted fees from clients then abandoned them).
discussed Cited "see, e.g." People v. Braham
Colo. · 2017 · signal: see, e.g. · confidence medium
See, e.g., People v. Townshend, 933 P.2d 1327, 1329 (Colo. 1997) (disbarring a lawyer who accepted retainers from two clients, abandoned Aem, and then failed to participate in the' disciplinary proceeding); People v. Lavenhar, 934 P.2d 1355, 1358-59 (Colo. 1997) (imposing disbar- , ment for multiple instances of misconduct, Ae most serious of which was, knowing conversion - of third-party funds, and stating that ”[w]e have repeatedly held that a lawyer’s knowing misappropriation of funds, whether belonging to a client or third party, warrants disbarment except in the presence of extraordin…
discussed Cited "see, e.g." People v. Schubert
Colo. · 2004 · signal: see also · confidence low
See also People v. Townshend, 933 P.2d 1327 (Colo.1997) (lawyer disbarred who accepted advance fees from two clients then effectively abandoned them, and failed to account for or return the unearned retainers she collected, thereby converting those funds to her own use.) Similarly, in the instance ease, the Respondent was retained by each of the clients and paid advanced to perform specific work.
discussed Cited "see, e.g." In Re Corbin
Colo. · 1999 · signal: see, e.g. · confidence medium
ABA Standards 4.41; see, e.g., People v. Townshend, 933 P.2d 1327, 1329 (Colo.1997) (disbarring lawyer who accepted advance fees from two clients, then effectively abandoned them and failed to account for or return the unearned retainers she collected, thereby converting those funds to her own use).
discussed Cited "see, e.g." In Re Bilderback
Colo. · 1999 · signal: see, e.g. · confidence medium
ABA Standards 4.41; see, e.g., People v. Townshend, 933 P.2d 1327, 1329 (Colo.1997) (lawyer disbarred who accepted advance fees from two clients then effectively abandoned them, and failed to account for or return the unearned retainers she collected, thereby converting those funds to her own use).
discussed Cited "see, e.g." People v. Shock
Colo. · 1999 · signal: see, e.g. · confidence medium
ABA Standards 4.41; see, e.g., People v. Townshend, 933 P.2d 1327, 1329 (Colo.1997) (lawyer disbarred who accepted advance fees from two clients then effectively abandoned them, and failed to account for or return the unearned retainers she collected, thereby converting those funds to her own use).
discussed Cited "see, e.g." People v. Valley
Colo. · 1998 · signal: see, e.g. · confidence medium
See, e.g., People v. Townshend, 933 P.2d 1327, 1329 (Colo.1997) (lawyer disbarred who accepted advance fees from two clients then effectively abandoned them, and failed to account for or return the unearned retainers she collected, thereby converting those funds to her own use); People v. Steinman, 930 P.2d 596, 599-600 (Colo. 1997) (lawyer disbarred who accepted fees from clients and then abandoned them while keeping their money and causing serious harm); People v. Tucker, 904 P.2d 1321, 1325 (Colo.1995) (lawyer disbarred who abandoned her clients while continuing to collect attorney fees for…
discussed Cited "see, e.g." People v. Rishel
Colo. · 1998 · signal: see, e.g. · confidence medium
See, e.g., People v. Townshend, 933 P.2d 1327, 1329 (Colo.1997) (lawyer disbarred who accepted advance fees from two clients then effectively abandoned them, and faded to account for or return the unearned retainers she collected, thereby converting those funds to her own use).
discussed Cited "see, e.g." People v. Kuntz
Colo. · 1997 · signal: see, e.g. · confidence medium
See, e.g., People v. Townshend, 933 P.2d 1327, 1329 (Colo.1997) (lawyer disbarred who accepted advance fees from two clients then effectively abandoned them, and failed to account for or return the unearned retainers she collected, thereby converting those funds to her own use); People v. Steinman, 930 P.2d 596, 599-600 (Colo.1997) (lawyer disbarred who accepted fees from clients and then abandoned them while keeping their money and causing serious harm); People v. Tucker, 904 P.2d 1321, 1325 (Colo.1995) (lawyer disbarred who abandoned her clients while continuing to collect attorney fees for …
discussed Cited "see, e.g." People v. Fager
Colo. · 1997 · signal: see, e.g. · confidence medium
See, e.g., People v. Townshend, 933 P.2d 1327, 1329 (Colo.1997) (lawyer disbarred who accepted advance fees from two clients then effectively abandoned them, and failed to account for or return the unearned retainers she collected, thereby converting those funds to her own use); People v. Steinman, 930 P.2d 596, 599-600 (Colo.1997) (lawyer disbarred who accepted fees from clients and then abandoned them while keeping their money and causing serious harm); People v. Jamrozek, 914 P.2d 350, 354 (Colo.1996) (lawyer disbarred who accepted fees from number of clients, then abandoned them, causing c…
discussed Cited "see, e.g." People v. Wallace
Colo. · 1997 · signal: see, e.g. · confidence medium
See, e.g., People v. Townshend, 933 P.2d 1327, 1329 (Colo.1997) (lawyer disbarred who effectively abandoned two clients after accepting retainers and failing to account for or return the unearned retainers); People v. Steinman, 930 P.2d 596, 599-600 (Colo.1997) (lawyer disbarred who accepted fees from clients and then abandoned them while keeping their money and causing serious harm); People v. Jamrozek, 914 P.2d 350, 354 (Colo.1996) (lawyer disbarred who accepted fees from a number of clients, then abandoned them, causing clients substantial harm); People v. Tucker, 904 P.2d 1321, 1325 (Colo.…
Retrieving the full opinion text from the archive…
The PEOPLE of the State of Colorado, Complainant,
v.
Sally S. TOWNSHEND, AttorneyRespondent
97SA39.
Supreme Court of Colorado.
Mar 24, 1997.
933 P.2d 1327
1997 Colo. LEXIS 223
1997 WL 129060
Linda Donnelly, Disciplinary Counsel, Kenneth B. Pennywell, Assistant Disciplinary Counsel, Denver, for Complainant., No Appearance by Attorney-Respondent.
Kourlis.
Cited by 31 opinions  |  Published
PER CURIAM.

The respondent in this lawyer discipline case defaulted before the hearing board and has not appeared in this court. A hearing panel of the supreme court grievance committee approved the findings and recommendation of the hearing board that the respondent be disbarred and pay restitution as a condition for readmission. We accept the panel’s recommendation and order that the respondent be disbarred.

I.

The respondent was admitted to practice law in Colorado in 1986. The hearing board[*1328] entered a default against the respondent because she did not answer the formal complaint filed in this case. The allegations of fact contained in the complaint were therefore deemed admitted. See C.R.C.P. 241.13(b); People v. Barr, 855 P.2d 1386, 1386 (Colo.1993). Based on the respondent’s default and the evidence presented by the complainant, the board made the following findings.

A.

On July 17,1992, Darla K. Boldt hired the respondent to represent her in a civil action involving General Motors Acceptance Corporation (GMAC). She paid the respondent $1,000. On the same day, the respondent filed a motion for substitution of counsel in GMAC v. Boldt, No. 91CV1734, pending in Arapahoe County District Court.

After entering her appearance, the respondent did not reply to her client’s requests for information, did not file a disclosure certificate, and did not respond to an attempt to set the matter for hearing. On December 2, 1994, the lawyer for GMAC sent Boldt copies of prior notices and other documents, indicating that they had been sent to the respondent but returned with no forwarding address. Boldt subsequently retained another lawyer to conclude the matter. On November 6, 1995, Boldt sent the respondent a letter requesting an accounting and a refund of unused attorney fees. The respondent did not answer Boldt’s letter and did not refund unused fees.

The hearing board concluded that the respondent violated R.P.C. 1.3 (neglecting a legal matter); R.P.C. 1.4(a) (failing to keep a client reasonably informed about the status of a matter); R.P.C. 1.15(a) (failing to hold property of clients separate from the lawyer’s own property); and R.P.C. 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit or misrepresentation). Because she did not file a written response to the request for investigation in the Boldt matter, the respondent also violated C.R.C.P. 241.6(7).

B.

Stanley P. Jurgevich was convicted of first degree murder in 1989. [1] On September 29, 1992, Jurgevich hired the respondent to review the file and investigate possible posteon-vietion remedies. He paid the respondent $1,500.

The respondent sent a letter to Jurgevich on October 13, 1992, acknowledging the receipt of the $1,500, and indicating that she would prepare the necessary documents to obtain a copy of the appellate record. The respondent stated that she would provide Jurgevich with a monthly statement itemizing her expenses. Then, on December 20, 1992, the respondent informed Jurgevich that she had received the transcripts and court files and would send copies to him by January 4,1993. She did not. Jurgevich’s mother’s letters of January 23 and May 16, 1993, to the respondent asking about the case went unanswered. On May 5, 1995, Jurgevich requested a refund of any unused attorney fees. The respondent did not answer the correspondence and did not refund unused fees. Jurgevich obtained a default judgment against the respondent in Lincoln County District Court for $1,500 together with statutory interest and costs in the amount of $20.

The respondent’s conduct again violated R.P.C. 1.3, R.P.C. 1.4(a), R.P.C. 1.15(a), and R.P.C. 8.4(c). The respondent did not respond to the request for investigation in this matter, contrary to C.R.C.P. 241.6(7).

II.

The hearing panel approved the board’s recommendation that the respondent be disbarred and be required to make restitution to Boldt and Jurgevich as a condition of[*1329] readmission. The hearing board specifically concluded:

The evidence is clear and convincing that the respondent accepted retainers from two clients, and thereafter, effectively abandoned their matters. Additionally, the respondent failed to account for or return the unearned retainers she collected from Ms. Boldt and Mr. Jurgevich and as a result, the respondent converted those funds to her own use. ,

The ABA Standards for Imposing Lawyer Sanctions (1991 & Supp.1992) (ABA Standards ) provides that, in the absence of mitigating factors, disbarment is appropriate when:

(a) a lawyer abandons the practice and causes serious or potentially serious injury to a client; or
(b) a lawyer knowingly fails to perform services for a client and causes serious or potentially serious injury to a client; or
(c) a lawyer engages in a pattern of neglect with respect to client matters and causes serious or potentially serious injury to a client.

ABA Standards 4.41. See, e.g., People v. Steinman, 930 P.2d 596, 599-600 (Colo.1997) (lawyer disbarred who accepted fees from clients and then abandoned them while keeping their money and causing serious harm); People v. Jamrozek, 914 P.2d 350, 354 (Colo.1996) (lawyer disbarred who accepted fees from number of clients, then abandoned them, causing clients substantial harm); People v. Tucker, 904 P.2d 1321, 1325 (Colo.1995) (lawyer who abandoned her clients while continuing to collect attorney fees for work that would not be performed disbarred); People v. Fritsche, 897 P.2d 805, 806-07 (Colo.1995) (lawyer who effectively abandoned clients and disregarded disciplinary proceedings disbarred).

The respondent did not participate in the hearing before the board and no evidence was submitted in mitigation, so no mitigating factors were found. In aggravation, however, the respondent has prior discipline in the form of a letter of admonition and a private censure, see id. at 9.22(a); there is the presence of a dishonest or selfish motive, see id. at 9.22(b); a pattern of misconduct, see id. at 9.22(c); bad faith obstruction of the disciplinary proceeding by total failure to cooperate as required by the rules, see id. at 9.22(e); the respondent has refused to acknowledge the wrongful nature of her conduct, see id. at 9.22(g); she has substantial experience in the practice of law, see id. at 9.22(i), and she has been indifferent to making restitution, see id. at 9.22(j).

Under these circumstances, we accept the hearing panel’s and hearing board’s recommendations that the respondent be disbarred. We also accept the recommendation that certain restitution be ordered, and we impose the restitution as a condition of readmission.

III.

It is hereby ordered that Sally S. Town-shend be disbarred and that her name be stricken from the list of attorneys authorized to practice before this court, effective thirty days after this opinion is released. It is also ordered that, prior to any application for readmission, the respondent make the following restitution: (1) $1,000 plus statutory interest from July 17, 1992, to Darla K. Boldt; and (2) $1,520 plus statutory interest from September 29, 1992, to Stanley P. Jurgevich.

It is further ordered that the respondent pay the costs of this proceedings in the amount of $160.92 within thirty days of the date of this opinion to the Supreme Court Grievance Committee, 600-17th Street, Suite 920-S, Denver, Colorado 80202.

KOURLIS, J., does not participate.
1

. His conviction was affirmed on direct appeal. People v. Jurgevich, No. 89CA0749 (Colo.App. Dec. 19, 1991) (not selected for publication). See Jurgevich v. District Court, 907 P.2d 565, 566 (Colo.1995).