People v. Weatherford
357 P.3d 1251
Colo.2015Background
- Weatherford disbarred after a sanctions hearing; disbarment effective September 15, 2015.
- Client paid a $1,750 retainer for a divorce, but Weatherford commingled funds and never filed any court documents.
- Weatherford moved addresses without informing the client or the Colorado Supreme Court, hindering communication.
- During investigation, Weatherford knowingly failed to respond to the Office of Attorney Regulation Counsel.
- Court's sanction order concludes disbarment is appropriate and requires restitution and other compliance steps.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did respondent knowingly convert client funds and abandon the matter? | People show conversion and abandonment. | Weatherford did not contest due to default/absence; no substantive defense. | Yes; disbarment warranted. |
| Did respondent's failure to respond to inquiries and to communicate with the client justify disbarment? | Violations of multiple RPCs for communication and information requests. | No defense due to lack of appearance; no contrary argument. | Yes; disbarment warranted. |
Key Cases Cited
- In re Attorney F., 285 P.3d 322 (Colo. 2012) (disbarment appropriate for knowing conversion and neglect)
- In re Fischer, 89 P.3d 817 (Colo. 2004) (consideration of aggravating/mitigating factors in discipline)
- In re Cleland, 2 P.3d 700 (Colo. 2000) (emphasizes factors in disciplined wrongdoing)
- People v. Varallo, 913 P.2d 1 (Colo.1996) (disbarment for knowing conversion and neglect)
- In re Roose, 69 P.3d 43 (Colo.2003) (guidance on disciplinary process)