In re Colón Rivera
190 P.R. 191
| Supreme Court of Puerto Rico | 2014Background
- In 2006 Armando Maldonado Lebrón filed a professional conduct complaint against attorney-notary Juan Gerardo Colón Rivera alleging he did not provide a copy of a sale deed and related documents after two months of failed communications.
- Colón Rivera had been indefinitely suspended in 2007 for failure to comply with this Court’s orders in other disciplinary matters; the 2006 complaint was administratively archived as a result.
- Upon seeking reinstatement in 2010, Colón Rivera answered several pending complaints and claimed he had given the deed to Maldonado and that other documents were held by the bank.
- The Court reinstated Colón Rivera in 2011, reactivated Maldonado’s complaint, and repeatedly ordered him to respond and produce documents, including a final non‑extendable deadlines; he failed to comply or to explain his nonappearance.
- The Office of the Attorney General reported that Colón Rivera may have violated Canon 19 (failure to communicate with client); the Court warned that failure to respond to its orders violates Canon 9 and undermines court authority.
- Because Colón Rivera persisted in failing to comply or to justify his conduct, the Court suspended him indefinitely, ordered client notifications, return of unearned fees, surrender of notarial seal and records, and required proof of compliance within 30 days of notification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether attorney breached duties by failing to provide requested deed and documents | Maldonado: Colón failed to deliver deed and other documents needed to transfer title and tax exemptions | Colón: He had delivered the deed at consummation; other documents were with the bank | Court did not resolve factual delivery dispute on merits because the attorney failed to respond to Court orders and show cause |
| Whether failure to respond to Court orders warrants disciplinary sanction | Maldonado: Nonresponse harms clients and obstructs discipline; sanctions appropriate | Colón: No response or defense presented after reinstatement | Court held nonresponse violated duty to respect courts (Canon 9) and justified sanctioning |
| Whether alleged failure to communicate violates ethics rules | Maldonado: Lack of communication violated Canon 19 (client communication) | Colón: No substantive rebuttal presented | Court found the Attorney General’s report indicated possible Canon 19 breach but focused sanctions on contempt for noncompliance |
| Appropriate disciplinary remedy for sustained noncompliance | Maldonado: Suspension and orders to remedy client harm | Colón: No position due to nonappearance | Court suspended Colón indefinitely, ordered client notice, return of unearned fees, surrender of seal/records, and proof of compliance within 30 days |
Key Cases Cited
- In re López González, 189 D.P.R. 581 (2013) (disciplinary precedent addressing counsel obligations in professional conduct matters)
- In re Fidalgo Córdova, 183 D.P.R. 217 (2011) (failure to comply with court orders supports disciplinary measures)
- In re Rodríguez Salas, 181 D.P.R. 579 (2011) (enforcement of respondent’s duty to respond to disciplinary process)
- In re Escalona Colón, 149 D.P.R. 900 (1999) (failure to obey court orders reflects poorly on lawyer’s character and warrants sanction)
- In re Maldonado Rivera, 147 D.P.R. 380 (1999) (disciplinary standards for responding to tribunal directives)