‘SUPREME COURT, STATE OF COLORADO ORIGINAL PROCEEDING IN DISCIPLINE BEFORE THE PRESIDING DISCIPLINARY JUDGE FILED 1560 Broadway, Suite 675 | Denver, Colorado 80202 FEB 15 200 j— oa —| arse nscmvasy sae Complainant: | SORRATOP aa dat ‘THE PEOPLE OF THE STATE OF COLORADO ‘A COURT USE ONLY & | Respondent co GREGG ©. MCREYNOLDS Case Number: Charles B. Mortimer, Jr., #16122 | Assistant Regulation Counsel 10PDS 008 Attorney for Complainant 1560 Broadway, Suite 1800 Denver, Colorado 80202 | ‘Telephone: (303) 866-6400 ext. 6443 | ‘Fax No.: (803) 893-5302 Gregg C. MeReyndlds, #11771 Respondent 5445 DTC Parkway, Penthouse 4 Greenwood Village, CO 80111 Telephone: (303) 694-1800 ~~ STIPULATION, AGREEMENT AND AFFIDAVIT CONTAINING THE RESPONDENT'S CONDITIONAL ADMISSION OF MISCONDUCT On this_/_ day of February, 2010, Charles ©. Mortimer, Jr., Assistant Regulation Counsel and attorney for ‘the complainant, and Gregg C. McReynolds, the respondent, enter into the following stipulation, agreement, and affidavit containing the respondent's conditional admission of misconduct (‘stipulation’) and submit the same to the Presiding Disciplinary Judge for his, RECOMMENDATION: A 30-day suspension all stayed upon successfal completion of a two-year period of probation with conditions. 1, The respondent has taken and subscribed the oath of admission, was admitted to the bar of this court on May 11, 1982, and is registered as an attorney upon the official records of this court, registration no. 11771. Therespondent is subject to the jurisdiction of this court and the Presiding Disciplinary Judge in these proceedings. 2. The respondent enters into this stipulation freely and voluntarily, No promises have been made concerning future consideration, punishment, or lenience in the above-referenced matter. It is the respondent's personal decision, and the respondent affirms there has been no coercion or other intimidating acts by any person or agency concerning this matter. 3, This matter has not become public under the operation of C.R.C.P, 251.31(¢) as amended. However, the respondent specifically acknowledges that, if the Presiding Disciplinary Judge should decide to accept this stipulation, and impose the agrecd-to discipline contained herein, then this stipulation and the discipline imposed will be matters of public record. 4. The respondent is familiar with the rules of the Colorado Supreme Court regarding the procedure for discipline of attorneys and with the rights provided by those rules. The respondent acknowledges the right to a full and ‘complete evidentiary hearing on the above-referenced complaint. At any such hearing, the respondent would have the right to be represented by counsel, present evidence, call witnesses, and cross-examine the witnesses presented by the complainant. At any such formal hearing, the complainant would have the burden of proof and would be required to prove the charges contained in the complaint with clear and convincing evidence. Nonetheless, having full knowledge of the right to such a formal hearing, the respondent waives that sight. 5. The respondent and the complainant specifically waive the right to a hearing pursuant to C.R.C.P. 251.22(c)(). 6. The respondent and the complainant stipulate to the following facts and conclusions: ‘The Kethley Matter 2. Complaining witness Lisa Kethley retained respondent to represent her legal rights arising out of an automobile accident that occurred ‘on October 28, 2006. At that time, Kethley’s automobile was struck by an. automobile that was driven by an employee of the State of Colorado. Kethley also had insurance of her own with The Hartford Insurance Company, b. Respondent advanced Kethley's claims against the State of Colerado. On June 16, 2008, the parties attended a settlement conference. ‘An agreement to settle the claim against the State of Colorado was reached atthat time. A settlement agreement was also signed on that date, ©. On August 29, 2008, the State of Colorado cut a check payable to respondent and Ms. Kethley. After the settlement funds were received, they were disbursed, Respondent retained a portion of the funds to pay Hartford's anticipated subrogation claim for the cost of medical services The Hartford had paid on Kethley's behalf. . On September 8, 2008, respondent sent a letter to The Hartford Insurance Company addressing Kethley’s claim for uninsured motorist ‘coverage against The Hartford. {. Shortly thereafter, The Hartford made a determination that Kethley was no longer eligible for medical payments. This upset and confused Kethley significantly. . During the period of roughly October 2008 through April 2009, respondent did not promptly comply with Kethley’s reasonable requests for information. Although respondent did send copies of correspondence with the insurance company to his client, Kethley sent respondent three certified letters during this time frame seeking information about the posture of her claims and also requesting that respondent communicate with her. Kethley was clearly confused and anxious about the circumstances of her case. hh, Thereafter, respondent filed a civil complaint against The Hartford, advancing Kethley’s uninsured motorist and bad faith claims. Kethley terminated respondent's services and respondent returned the balance of the funds he was holding on Kethley’s behalf, less an agreed upon amount of fees and costs for the cost of the complaint respondent had filed. i, In connection with his representation of Kethley, respondent violated Colo, R.P.C. 1.4(a)(4) and 1.4(b). J. With respect to his representation of Kethley, respondent states that the sanction should be mitigated by personal or emotional problems. Respondent was going through a divorce at the time in question. ‘Criminal Convictionk. On October 19, 2009, respondent pled guilty in Jefferson County Court to criminal mischief, a’ Class 1 misdemeanor, in violation of CRS. §18-4-501. Respondent was sentenced to one year of probation, 48 hours of public service, fines, costs and restitution. 1. Respondent's conviction resulted from his using a wire to unlock an unknown vehicle that was parked at a home respondent was renting for his girlfriend. Respondent damaged the vehicle when he opened it to determine who owned it. Respondent was not aware that the vehicle belonged to @ person who had permission to park it at the residence. ‘The cost ofthe damage was estimated to be $700.00. m. No drugs or alcohol were involved. Respondent's conduct did not involve violence towards any person. 1, As result of the conviction, respondent violated Colo. R.P.C. 8.4(b) and C.R.CP. 251.5(b}. ©. Through the respondent's conduct described above, the respondent has engaged in conduct constituting grounds for the imposition of discipline pursuant to C.R.C.P. 251.5. 7. Pursuant to C.R.C.P. 251.82, the respondent agrees to pay costs in the amount of $91.00 (a copy of the statement of costs is attached hereto as Exhibit A) incurred in conjunction with this matter within thirty (30) days after acceptance of the stipulation by the Presiding Disciplinary Judge, made Payable to Colorado Supreme Court Attorney Regulation Offices. ‘The ¢ agrees that statutory interest shall accrue from the date that the ig Disciplinary Judge accepts this stipulation. Should the respondent {ail to make payment of the aforementioned costs and interest within (30) days, the respondent specifically agrees to be responsible forall additional costs and expenses, such as reasonable attorney fees and costs of collection incurred by the complainant in collecting the above stated amount. The complainant may ‘amend the amount of the judgment for the additional costs and expenses by providing a motion and bill of costs to the Presiding Disciplinary Judge, which identifies this paragraph of the stipulation and the respondent's default on the payment. 8. _ This stipulation is premised and conditioned upon acceptance of the same by the Presiding Disciplinary Judge. If for any reason the stipulation is not accepted without changes or modification, then the admissions, confessions, and stipulations made by the respondent will be of no effect.Either party will have the opportunity to accept or reject any modification. If ither party rejects the modification, then the parties shall be entitled to a full evidentiary hearing; and no confession, stipulation, or other statement made by the respondent in conjunction with this offer to accept discipline of a 30-dey suspension all stayed during a two-year period of probation may be subsequently used. If the stipulation is rejected, then the matter will be heard and considered pursuant to C.R.C.P. 251.18, 9. The Office of Attorney Regulation Counsel has notified or will notify shortly after the parties sign this agreement, the complaining witnesses in the ‘matter(s) of the proposed disposition, PRIOR DISCIPLINE 10, Copies of the following prior discipline are attached: 1, 1999 ~ public censure. 2. 2002— public censure. 3 11, Purouant to American Bar Association Standards for Imposing Lawyer Sanctions 1991 and Supp. 1992 ABA Standarde’), §3.0, the Court should consider the following factors generally: a. The duty violated: Respondent violated his duty to his client, Ms. Kethley, by failing to communicate adequately with her about her personal injury claims. Respondent violated his duty to the public, by virtue of his criminal conviction. b. The lawyer's mental state: knowing, ©. The actual or potential injury caused by the lawyer's misconduct: In the Kethley matter, the respondent's failure to communicate caused his client confusion and anxiety concerning the status of her case and her medical treatment. In the criminal matter, the respondent's conduct brings the integrity of the legal system into question, . The existence of aggravating or mitigating factors: Factors in aggravation which are present include: prior disciplinary offenses, multiple offenses and substantial experience in the practice of law, ABA Standards §9.22(a),(d) and (). Factors in mitigation include: personal or emotional problems and cooperative attitude towards proceedings, ABA Standards§9.32(c) and (d). 12, Pursuant to ABA Standard $4.42: ‘Suspension is generally appropriate when: (a) a lawyer knowingly fails to perform services for a client and causes injury or potential injury to a client.” Similarly, pursuant to ABA Standards §5.13: *Reprimand is generally appropriate when a lawyer knowingly engages in any other conduct that involves dishonesty, fraud, deceit or misrepresentation and that adversely reflects on the lawyer's fitness to practice law.” case, a 30-day suspension, all stayed during a probationary period of two years, with conditions, is an appropriate sanction, Respondent meets the eligibility requirements for the probation set forth in C.R.C.P. 251.7(a) Because this stipulation concems two separate and distinct events involving respondent's misconduct, and because respondent has a significant history of prior discipline, diversion is not appropriate. Rather, a period of probation would best protect the public under all of the circumstances presented. CONDITIONS 14, Probation. The parties stipulate that the respondent is eligible for probation pursuant to C.R.C.P. 251.7(a). Successful completion of all these terms shall stay the imposition of a 30-day suspension. a. The respondent shall be on probation for a two-year period of time, b, Mandatory Rule Condition. During the period of probation, the respondent shall not engage in any further violation of the Colorado Rules of Professional Conduct. See C.R.C.P. 251.7(b) (The conditions [of probation|...shall include no further violations of the Colorado Rules of Professional Conduct’). ©. The respondent shall attend and successfully pass the one-day ethics school sponsored by the Office of Attorney Regulation Counsel within one year of the date this stipulation is approved. ‘The respondent shail register and pay the costs of ethics school within thirty (80) days of the date this stipulation is approved. Attendance at ethics school will count as 8 general CLE credits, including 7 ethies credits. The respondent may obtain theregistration form for the ethics school on-line at www.coloradosupremecourt.com, “Ethics School.” Instructions {for registering are on the registration form. ‘The respondent shall also be responsible for all costs of evaluation, treatment and supervision incurred as part of any condition of this probation. Failure to pay these costs prior to termination of probation shall constitute a violation of the probation. 15, Violation of Conditions. If, during the period of probation, the Office of Attorney Regulation Counsel receives information that any condition may have been violated, the Regulation Counsel may file a motion with the Presiding Disciplinary Judge specifying the alleged violation and secking an order that requires the attorney to show cause why the stay should not be lifted and the sanction activated for violation of the condition. See C.R.C.P. 251.7(e). The filing of such a motion shall toll any period of suspension and probation until final action. Jd. Any hearing shall be held pursuant to C.R.C.P. 251.7(e). When, in a revocation hearing, the alleged violation of a condition is the respondent's failure to pay restitution or costs, the evidence of the failure to pay shall constitute prima facie evidence of a violation. Id. 16, Successful Completion of Conditions. Within thirty days and no Jess than fifteen days prior to the expiration of the period of probation, the respondent shall file an affidavit with the Regulation Counsel stating that the respondent has complied with all terms of probation and shall file with the Presiding Disciplinary Judge notice and a copy of such affidavit and application for an order showing successful completion of the period of probation. See C.R.CP, 251.7(9. Upon receipt of this notice and absent objection from the Regulation Counsel, the Presiding Disciplinary Judge shall issue an order showing that the period of probation was successfully completed. Id. The order shall become effective upon the expiration of the period of probation. Id.RECOMMENDATION FOR AND CONSENT TO DISCIPLINE Based on the foregoing, the parties hereto recommend that a 30-day suspension, all stayed during a two-year probation with conditions as described above, be imposed upon the respondent. The respondent consents to the imposition of said discipline. The parties request that the Presiding Disciplinary Judge order that the effective date of such discipline be immediate. Gregg C. McReynolds, the respondent; and Charles E. Mortimer, Jr., attorney for the complainant, acknowledge by signing this@pcument that they hhave read and reviewed the above and request the Presiding Disciplinary Judge to aceept the stipulation as set forth above. Parkway, Penthouse 4 rood Village, CO 60111 STATE OF COLORADO ) ) ss. COUNTY OF Arapahoe} Subsoribed and sworn to before me February LZ, 2010, by Gregg C MeReynolds, respondent. Witness my hand and official seal. My commission expires: 7 /25-/ 3.0/0, aE FHT ave ua sited mn 1560 Broadway, Suite 1800 Denver, Colorado 80202 (803) 866-6400 x6443, Attorney for Complainanta ‘Statement of Costs Gregg C. McReynolds 09-01937/09-01958 12/30/2009 Administrative Fee 91.00 Amount Due $ 91.00RECEIVED SEP 23 999 SUPREME COURT, STATE OF COLORADO CASE NO.: 99PDJ028 bal ORIGINAL PROCEEDING IN DISCIPLINE BEFORE, ‘THE PRESIDING DISCIPLINARY JUDGE — ORDER APPROVING CONDITIONAL ADMISSION AND IMPOSING SANCTIONS TT ‘THE PEOPLE OF THE STATE OF COLORADO, Complainant, * GREQG C. McREYNOLDS, Respondent. a ‘The Office of Attorney Regulation Counsel through counsel (Christyne A. Czamowaky, and the Respondent Gregg C. a through his attorney Kevin J. Kuhn of Montgomery Little & McGrew PC ¥, have submitted a Agreement, and ‘Admission of Misconduct and Affidavit (Conditional Admission of Stipulation led Softenber 20, 1599, asd anenet see froviions of RGD, 101-28 Tas artes eae ee Roget abusing nr CROP aS ‘The court, having reviewed the case file in this matter, the Conditional Admission of Misconduct and Amended Complaint, and ‘being fully advised of the issues presented enters the following Order: 1. ‘The Conditional Admission of Misconduct ia accepted and. approved; 2. The PDJ herein issues a public censure against Gregg C. ‘McReynolds, Attorney Registration No. 11771, and orders the following practice monitoring and other conditions as follows:‘The respondent shall attend and complete the Office of Attorney Regulation Counsel's Ethics School within one year from the date of this Order. Respondent will certify his compliance by affidavit to the Office of Attorney Regulation Counsel, ‘The practice monitoring conditions shall be as follows: (2) The practice monitoring shall be for a period of six months, which may be extended for an additional six ‘months if the monitor so recommends and the Office of ‘Attorney Regulation Counsel concurs. An attorney spproved by Office of Attorney Regulation Counsel shal ‘the respondent's law practice in accordance with: thee eondidoes, Atsrney Sere W, Dion of Dian & ‘has agreed to serve as the monitor and is 20 approved; (2) The monitar shall review a list of the respondent's open legal filea as prepared by the respondent. The respondent shall prepare a summary of the issues involved in each matter, the status and any action he intends to talce. The been met and any additional action that has been taken. ‘The monitor shall pay close attention to the communications with his client and examine respondent's system of recording messages and returning calls. The respondent shall provide proof to the monitor that he has regular, thorough and complete updates to his clients on the status of their matters and that he has adequate time and expense records in each case. Ifthe respondent is handling cases on other than a contingent fee basis, then he shall demonstrate to the monitor that he is providing a regular accounting to the clients; (3) The monitor shall review the respondent's tickler and calendar system initially and then at least quarterly thereafter to ensure that case deadlines, as identified by the respondent, are tickled and calendared in a system approved by the monitor to ensure tracking by the reepondent and his staff of all important dates and requirement; - (4) The monitoring period shall begin immediately following the approval of the stipulation in thie matter, (9 The monitor shall provide a letter report to the Office of Attorney Regulation Counsel after the first three months ‘and then at six months. Ifthe sixth month reportrecommends an extension of monitoring due to the ‘monitor’s concerns about the respondent's ability to ‘handle hia caseload, his methods of handling cases, his Jaw office management, his ability to meet deadlines in cases, or any other concern, then the Office of Attorney Regulation Counsel will review the report and decide whether to extend the monitoring for an additional six months. The decision of the Office of Attorney Regulation Counsel shall be final. In addition, the Office of Attorney Regulation Counsel retains the independent right to extend the period of monitoring if the monitor has found problems with the respondent's handling of hia practice. Reporting by the monitor during any six month extension shall be every three months; (6) Ifthe monitor finds that respondent's conduct of his ractice ia satisfactory, the monitor need only provide a summary report. If there are any deficiencies, however, the monitor shall identify them precisely and note any corrective action the monitor recommends as well as a, timetable for the corrections to be made. The monitor increased directed by the monitor or the Office of Attorney (7) The monitor sball ily the Office of Attomey Regulation Counsel in writing of any serious deficiencica monitoring or & more detailed report from the monitor; (6) The monitoring shall be at the respondent's own expense. (9) The monitor ia not expected to provide substantive legal divice to the respondent about any of the respondent's ‘cases or any legal issues pertaining to the respondent's cases, The respondent underatands that he must maice ‘his own decisions about each case, and may need to ‘ansociate with a more experienced attorney in a particular area, The monitor cannot supervise every case, but the monitor can provide guidance ar suggestions, as he deems ‘appropriate, with or without specific requests from the reapondent;(Gopi he respondent fails to fly end promptly comply with monitoring conditions or written directions from the ‘meal or tht Ofc of Atorney Regulation Gounoel, the respondent shall be deemed to be in violation of « court order. The Office of Attorney Regulation Counsel may take appropriate action to investigate the alleged failure to (11)The respondent shall hold the monitor harmless from any claims of malpractice by the respondent's clients, As noted above, the respondent ia solely responsible for the respondent: (tay the cpproved monitor ie ue anger wiliag or able to serve ‘as a monitor, the monitor should notify the respondent and the Office of Attorney Regulation Counsel promptly and in writing, The respondent fa responsible for providing an alternate candidate for consideration by the Office of Attorney Regulation Counsel within ten (10) days ‘af receipt of the monitor’s written notice; (19)Within thirty (80) days ofthe reapondents completion of ‘the monitoring conditions under the six month term or Respondent is ordered to pay the cont of thie disciplinary ‘The Office of Attorney Regulation Counsel Sista Satement of Cons witha tn (10) days afte date of thin (Order. Reapondent may file a response thereto within five (5) days following service of the Statement of Costa. ‘THIS ORDER 1S ENTERED THE 23rd DAY OF SEPTEMBER, 1999; ‘THE PUBLIC CENSURE AND MONITORING CONDITIONS ANDGeers ra) Kuba ‘5445 DTC Packway, Suite 200 Englewood, CO 80111 ‘Aorney Regulation Counsel Chrinype A. Czamowaky 600 17* Steet, Suite 200-8 Denver, CO #0202 Hearing Board Member Jerry A. Raich Boulder, CO 80306 ‘Via Firm Cass Mil Via First Clase Mail ‘Vin First Class Mail Colorado Supreme Court Mac Denfoed ‘Via Hand Delivery 2 East 4 Ave, Suite 400 Denver, CO 90202 ‘The Daily Journal ‘Via First Class Mail 2000 South Colorado Biv, #2000 Denver, CO 80222 Martindale Hubbell Law Disectory P.0, Box 1001 ‘Via First Class Mail ‘Summit, New Jersey 07901 Metro Lawyer Referral Service 1599 Loga Street, Suite 408 Via First Class Mail Denver, CO 20203 Supreme Court ofthe United States ‘Dee Shore ‘ViaiFirt Class Mail ‘Aduniaioos Office " 1 Phat Stroot Northomat ‘Washington, D.C. 20543 ‘Tenth Chonit Court of Appeals ‘Sandy Spring ‘Disciplinary Clerk ‘Byron White U.S. Courthouse 123 Stout Steet ‘Denver, CO 80257 US, Bankruptcy Court ‘Bead Botton ‘TAL 19* Steet, Room 537 ‘Deaver, CO 80202-2508 US, District Court Distt of Colorado ‘Sera Shears (Commies on Conduct 1929 Stout Street, Room C-145, ‘Denver, CO 20294 ‘Via Fit Class Mail ‘Via Flest Class Mail ‘Via First Class Mail‘SUPREME COURT, STATE OF COLORADO “Case No. 99 PDJ-028 ORIGINAL PROCEEDING IN DISCIPLINE, BEFORE THE PRESIDING DISCIPLINARY JUDGE — STIPULATION, AGREEMENT, AND RESPONDEKT’S CONDITIONAL ADMISSION OF MISCONDUCT AND AFFIDAVIT ss ‘THE PEOPLE OF THE STATE OF COLORADO, 1. The respondent has taken and subscribed the oath of admission, was ‘admitted to the bar of this court on May 11, 1982 and ie registered as an ‘sttomey upon the official recorda of this court, registration no. 11771. The respondent is accordingly subject to the jurisdiction of thie court and its disciplinary proceedings. 2. The respondent enters into thie stipulation freely and voluntarily. No Promises have been made concerning future consideration, punishment, or Ienence im the above-referenced matter, It ia the respondent's personal eaten, andthe respondent afm that he has been subjected t no coercion, duress or other intimidating acts by any person or agency concerning this ‘matter. The respondent ie fully aware of the implications of his admission. — re tant3. This matter has become public tinder the operation of C.R.C.P, 251.31(¢). segating te procots fr dpe af taarsaye ta St ne Pes ake ing the for disci attorneys ‘and with his rights under those rules. Respondent that he has the right to a full and complete evidentiary hearing in this matter. At any such formal hearing, the respondent has the right to be represented by counsel, to present evidence, to call wimeeee, and to cree sania tng. wimesece presented by ihe complainant At any such hearing, the complainant burden of proof and must prove the contained ‘in the complaint with clear and | E | 5. The respondent has read and studied the complaint denominated as ‘99PDJ028, and ia familiar with the allegations therein. Mr. Steger’s employment in April 1993. Mr. Steger had already fled Americans with Disabilities Act (ADA") discrimination claim with the federal Equal Opportunity ‘Commission decision had been made yet by that agency. " b. The respondent then contacted the EZOC three times, as Mr. © ‘The respondent wrote to the EEOC on or about March 10, 1995 stating that Mr. Steger had received the Notice on February 23, 1995. ‘The en etn nro rom the EBOC ofthe date of rcpt of the Notice by Mr. Steger. The respondent's purpose in requesting the roof was to determine if the 90-day jurisdictional period had passed for ‘ling an ADA discrimination suit. ae a 2 Saatacn AgoreetNotice by Mr. Steger before drafting the complaint. Once the complaint ‘was drafted, he neglected to review it for accuracy with Mr. Steger. Them, In early 1996, the respondent rade an offer to Coors of $40,000 on Mr. Steger's behalf to settle Mr. Steger’s claim against Coors. This offer was discussed with Mr. Steger in advance. Coors’ attamney rejected this offer on behalf of his client, but suggested that Coors might consider ‘a nuisance-value offer. He invited the respondent to submit a revised offer. The respondent failed to tell Mr. Steger that Coors believed Mr. Steger’s case had no merit, but that Coors’ attorney had invited a revised offer from Mr. Steger at a nuisance value. At no time, though, did Coora‘was a failure to communicate adequately with his client, in violation of Colo. RPC 1.4(a) and (b). noting that no response to the motion had been received from the plaintif. The respondent promptly filed a motion for reconsideration, ‘which was denied. ‘The respondent did not promptly tell Mr. Steger of Coéra’ motion for summary judgment or of the determination by the court. Approximately six weeks later, the respondent sent Mr. Steger a copy of the judgment of dismissal." The respondent also delayed to inform Mr. Steger of the October 29, 1996 judgment of dismissal until ‘the respondent's December 4, 1996 letter to Mr. Steger, which responded fo Me. Seeger's inquiry about the trial date, The reepondent also filed to { | | | | q. The Partice agree sur Pursuant to C.RCP, 251.31), a Protective order may be issued by the Presiding Disciplinary. to the ent permitied by CREP. 291.51) The complainant eal oo sts ‘to such a request made within the scope of the applicable rules. 7. While there are several allegations of misconduct, the parties agree that there are mitigating circumstances to support the reasonableness and 5 este ‘Spustan Aone‘8. The respondent agrees to the fallowing terms and conditions: f Purmant to CREP. 251:7(9, respondent agrece to pay the costs incurred in conjunction with the above matters within thirty (30) Gays ater the acceptance ofthe stipulation, The cost statement el be submitted to the Presiding Disciplinary Judge as soon as they are finally computed. The respondent agrece to comply with the law practice ‘monitoring conditions which are attached hereto, at Exhibit A. ‘The respondent shall Regulation Counect Bthce Scho win tue Year afer this agremnest 4s spproved._ He wil certiy hia complince by afient to the Office of- . © sq Jpinls sipulaton is premiaed and conditioned that it willbe accep by the Presiding Disciplinary Judge If for any reason the stipulation is not scerpted without changes or modifeation, then the aimiasons, confeedons, ‘and stipulations made by the parties, including the stipelations as to diamiseel and amendment of various counts identified in this stipelation, ‘will be of no effect, and neither party will not be bound by the stipulated facte. If the stipulation’ ia rejected, then the respondent shall be entitled to an evidentiary hearing before the Presiding Disciplinary Judge, and no confession, stipulation, or other statements made by parties in conjunction with this offer ‘will be used against them. 10. he partig stipulate that no heaing wil be repute ox rived crop. 251 2200). this stipulation and11, Based on the foregoing, the parties hereto recommend that a public censure be imposed upon respondent, with the monitoring conditions in Exhibit A. The respondent requesta that the Presiding Disciplinary Judge approve this stipulation. 12. Crees. MoRemalie, the respondent, Kevin J Kuhn, the respondent's attorney, Christyne A. Czarnowaky, acknowledge by signing this -document that they ‘have read and reviewed the above and request the Presiding Disciplinary Judge recommend acceptance of the stipulation as set forth above. The respondent affirms under oath all factual representations contained herein. e eyagle, A177 Respondent STATE OF COLORADO ) a 2g +-cownr oF easel and_sworn to before me this 20% dey of Qg See” 1998, by Orogg C. McReynolis. ‘Witness my hand and official seal. My comminion 3 2b8O ‘Notary Publiciatant Regulation 600 17th Street, Suite 510-3 Denver, Colorado 80202 Telephone: (303) 893-8121 Attorney for ComplainantSUPREME COURT, STATE OF COLORADO CASE NO. 99 PDJ 028 ORIGINAL PROCEEDING IN DISCIPLINE, BEFORE THE PRESIDING DISCIPLINARY JUDGE, LAW PRACTICE MONITORING CONDITIONS ‘THE PEOPLE OF THE STATE OF COLORADO, Complainant, a GREGG C. McREYNOLDS, Respondent. : Pursuant to the Stipulation in this matter, the respondent agrees to the following monitoring conditions: 1, The practice monitoring shall be for a period of six months, 2, The monitor shall review a list of the respondent's open legal files as prepared by the respondent. The respondent shall prepare a sunimary of the issues involved in each, matter, the status and any ‘action he intends to take. The summary shall include a timeline eMuia mo‘status of their matters and that he has adequate time and expense records in each cage. If the respondent ia handling cases on other than ‘2 contingent fee basia, then he shall demonstrate to the monitor that he ia providing a regular accounting to the clients, 3. The monitor shall review the respondent's tickler and calendar system initially and then at least quarterly thereafter to ensure that case deadlines, as identified by the respondent, are tickled and calendared in a system approved by the monitor to enure tracking by the respondent and his staff of all important dates and requirement. 4. The monitoring period shall begin immediately following the approval of the stipulation in this matter. S. The monitor shall provide a letter report to the Office of Regulation Counsel after the first three months and then at aix months. If the sixth month report recommenda an extension of monitoring due to the moniter’s concems about the respondent's ability to handle his caseload, his methods of handling cases, his law office management, his ability to meet deadlines in cases, or any other concer, then the Office of Regulation Counac! will review the report and decide whether to atend the monitoring for an additional six months. The decision of the Office of Regulation Counsel shall be final. In addition; the Office of Regulation Counsel retains the independent right to extend the period 6. If the monitor finds that respondent's conduct of his practice in satisfactory, the monitor need only provide a summary report. “If there are any deficiencies, however, the monitor shall identify them precisely and note any corrective action the monitor recommenda as well an a timetable for the corrections to be made. The monitor shallRegulation Counsel, The Office of Regulation Counsel reserves the right to require more extensive monitoring or a more detailed report from the monitor. 8, The monitoring shall be at the respondent's own expense. 9. The monitor is not expected to provide substantive legal advice to the respondent about any of the respondent's cases or any legal issues pertaining to the respondent's cases. The respondent understands that he must make his own decisions about each case, and may need to associate with a more experienced attorney in a area. The monitor cannot supervise every case, but the 10, If the respondent fails to fully and promptly comply with the monitoring conditions or written directions from the monitor or the Office of Regulation Counsel, the respondent shall be deemed to be in violation of a court order. The Office.of Regulation Counsel may take ‘sppropriate action to investigate the alleged failure to comply with this ordered plan. 11, The respondent shall bold the monitor harmiless from any claims of malpractice by the respondent's clients. As noted above, the respondent is solely responsible for providing appropriate legal services for each client, and the respondent specifically agrees to this. 12, If the approved monitor is nd longer willing or able to serve as a monitor, the monitor should notify the respondent and the Office of Regulation Counsel promptly and in writing. The respondent is responsible for providing an alternate candidate for consideration by the Office of Regulation Counsel within ten (10) days of receipt of the ‘monitor's written notice. 13, Within thirty (30) days of the respondent's completion of the monitoring conditions under the six thonth term or any six month extension thereof, complainant shall fle with the Presiding Disciplinary Judge a statement of satisfaction of the monitoring conditions.Dated this 3Say ot AUGUST 199, oe Thre zoe Englewood, CO 80111 Ere Respondent ‘Telephone: (303) 773-8100 Attorney for Respondent Ohi Al loauacly cele Seer Regulation | * - 600 17th Street, Suite 200-8 ‘& Denver, Colorado 80202 * Telephone: (303) 893-8121 ‘Attorney for Complainant‘SUPREME COURT, STATE OF COLORADO CASE NO. 99PDJ028 Y ORIGINAL PROCEEDING IN DISCIPLINE, BEFORE THE PRESIDING DISCIPLINARY JUDGE (COMPLAINANT'S ANALYSIS OF DISCIPLINE ‘THE PEOPLE OF THE STATE OF COLORADO, ‘under §4.43, reprimand is generally when a lawyer is negligent and doce not act with reasonable infrepresenting a client, and causes injury or potential injury to a client. These standards apply in the absence of eggravation or mit Of course, actual aggravation and mitigation will change the ultimate sanction sought. ‘The believes that under the standards of People v. Clark,600 17th Street, Suite 200-8 Denver, Colorado 80202SUPREME COURT, STATE OF COLORADO JUL 2 4 2002, +__ ORIGINAL PROCEEDING IN DISCIPLINE BEFORE ‘THE OFFICE OF THE PRESIDING DISCIPLINARY JUDGE | ATTORNEY 600 17! STREET, SUITE 510-3 REGULATION DENVER, CO 80202 domplainants SS SSSSSS« a ub ‘THE PEOPLE OF THE STATE OF COLORADO, [oapns09 Respondent: GREGG C. McREYNOLDS. (ORDER APPROVING CONDITIONAL ADMISSION AND IMPOSING SANCTIONS _._ Kim E. Ikeler of the Office of Attorney Regulation Counsel, Cecelia A. ‘The court, having reviewed the case file in this matter, the Conditional ‘Admisaion, and being fully advised of the issues presented enters the following Order: 1, The Conditional Admission is accepted and approved; 2. Gregg C. McReynolds, Attorney Registration Mo, 11771 is. Publicly Censured, 3.” Purwuant to C.R.C.P. 251.32, the respondent shall pay the administrative costa in the sum of $91.00 incurred in confunction with this matter within thirty days of the date of this Order, ‘THIS ORDER 18 ENTERED THE 247" DAY OF JULY, 2002,1900 Grant Street, Suite 950 Denver, CO 80203-4309 Via First Clase Mail (Colorado Supreme Court Mac Dantord 2 East 14% Ave., 4% Floor Denver, CO 80203 ‘Via Hand Delivery 721 19% Street, Room 117 Denver, CO 80202-2508 Via First Clase Mai United States Court of Appeals for the Tenth Cireaitsad wiberribed the att of 1, . The respondent has taken Seren ca ae ie >the bar of thin court on May 11 1982, and. regetrton no. 1171 The reopuosent tm satjox the juriediction filets ot 0, 1171. to ° this court and the Presiding Presiding Dcptinary Judges thoes proseotings2. ‘Tae respondent entefe nto this etipuation testy and voluntarily, No promises have been made concerning It ‘has been no coerelon o ober intimidating acts by any person or agency concerning this “Tia matter has ot yet become publ under the operation of CREP. 251.31 us amended; however, respondent acknowledges that, ff the Presiding Disciplinary Judge abould decide to impose public lecipline upon respondent thia_stpmlaton semi. public —————— 4 The {a familiar with the rules of the Colorado Court ‘the ‘District for the District of Colorado, Case No. 00M445 (the “Litigation”). b, During the course of the Litigation, the parties engaged in mediation, using the services of the Judicial Arbiter Group AG. The modiator was the Hon. Leaie Lawson. No written confidentiality agreement was entered into by the parties to the mediation.4 In September, 2000 Ms. Gervais-Vose terminated respondent's services because she disagreed with respondent's ‘recommendations concerning settlement. fe. On September 22, 2000 the respondent filed a Motion ‘To Withdraw in the Litigation! In the Motion To Withdraw, (is. Gervais-Vosa and her co-plaintify) and respondent, ‘concerning his recommendation to take the defendants’ offer. e f, 13 reponse to the respondent Motion To Withdraw, the defendants filed a Motion To Strike Confidential Information ‘And For Sanctions. In ruling on thess Motions, the federal district court judge stated: .. Mr, McReynolds has been directed to withdraw by the ‘and has also compromised his ability to represent he paints by virtue of bis daciowures in the motion 29 the motion to withdraw must be (Gantcd” .. The delvedants’ motion to strike confidential information must be denied because the court hes no basis for sealing any part of the pleadings in thie case arid the —-- question of sanctions should--be-a matter for other ©. The foregoing conduct of the respondent constituted confidential information relating to representation of a client without the cent’ consent after consultation, in violation of Colo. RPC 1.6(e). DA oleLR 3.50) rohan a soaey whe a widdering i show good come”, The Rule aes: Ree tr a citer dere ing Priona conde (pa pid)th As part of his representation of Ms. Gervais-Voes with regard to the above-referenced scxual-discrimination matter, the respondent filed a charge with the Equal Employment Opportunity “EEOC In the 1 Through the above, the engsged in conduct constituting for’ the imposition of iacipline pursuant to C-RC.P. 251.5. The conduct violated Colo, RPOLG(a) and ht, - in premised and conditioned that it will be 7. stipulation ‘accepted by the Presiding Disciplinary Judge. If for any reason the stipulation is not accepted without changes or modification, then the 4Pursuant to American Bar Association Stondants for imposing Lawyer Sanctions (ABA Standards’), §3.0, the Court ahould consider the {following facture generally: a. The duty violated: Colo, RPC 1.6{a) and 1.4{e). e . b..‘The lawyer's mental state: negligent. representation of a client not otherwise lawfully permitted to be disclosed and this disclosure causes injury or potential injury to a client. The commentary to § 4.23 states: e ‘Regrimsind ahould be imposed when a lawyer fegligently 3Considering all of the factors described above, as applied to this case, public censure ia an appropriate sanction. "The respondent commits to attend « Continuing Legal Education clase of up to four hours on communicating with clients. The respondent ‘plans to attend the clans within the next eight months,publc censure as hereinabove described above be imposed upon the respondent. The ‘The respondent conecnta tothe Snpostion ef diecishen cre A ‘Notary Public Cachan RB Elaralnen Kin. r, #15590 ‘Cecelia A. Fleischner, #14079 ‘Assistant Counsel Regulation | 2401 15% Street 600 17% Street, Suite 200-South Denver, Colorado 80202 Denver, 20202, ‘Telephone: (303) 480-0400 ‘Telephone: (303) 893-8121 x 320 Attorney for Complainant ‘Attomey for RespondentSUPREME COURT, STATE OF COLORADO ORIGINAL PROCEEDING IN DISCIPLINE BEFORE ‘THE OFFICE OF THE PRESIDING DISCIPLINARY JUDGE, ‘600 17™ STREET, SUITE 510-8 DENVER, CO 0202 Complainant: THE PEOPLE OF THE STATE OF COLORADO, Kim E. Ikeler of the Office of Attorney Regulation Counsel and Gregg C. respondent, have submitted a Stipulation, Agreement and ‘Affidavit Containing the Respondent's Conditional Admission of Misconduct (‘Conditional Admission”) filed August 26, 2003 for consideration by the Presiding Disciplinary Judge under the provisions of C.R.C_P. 251.22. The partes have waived their respective right toa hearing under RCP. 251.22{c). ‘The court, having reviewed the case file in this matter, the Conditional ‘Admission, and being fully advised of the issues presented entera the following ‘Order: 1. The Conditional Admission is accepted and approved; 2, Gregg C. McReynolds, Attorney Registration No. 11771 is suspended from the practice of law for a period of ninety days, all stayed upon successful completion of a two-year period of probation subject to the following conditions: ‘A. The respondent shall attend and succesafully pass the one-day Ethics School sponsored by the Office of Attorney Regulation Counsel within one year of the date ofthis Order and pay all costs associated therewith. The respondent shall register and pay the costa of Ethics School within thirty (20) days of the date of this Order. Attendance at ethics echool will count as 8 general CLE credit including 7 ethics credits.‘The respondent shall attend and successflly pass the one-half day Trust Account School sponsored by the Office of Attomey Regulation Couneel within one year of the date of this Order and ay the costa axsociated therewith. The respondent shall register ays of the date of this Order. Attendance at the trust account sche wil count an genera CLE cree Inching Shes credits, Standard Conditions ~ Financial Monitoring (with financial audit) (1) Respondent shall maintain all bank accounts required pursuant to Rule 1.15(f) of the Colorado Rules of Professional Conduct, and all accounting records, required ‘urruant to Rule 1.15(q) and (b) of the Colorado Rules of Professional Conduct and, to the extent not already required (@) Aseparate bank account o aconinte and, if utilized, a separate ‘and loan association account or ‘accounts, located in Colorado, in the name of the attorney or law firm and clearly labeled and designated ‘aa “trust account.* o Original or duplicate deposit slips and, in the case of currency of coin, an additional cash receipts book, clearly identifying: (The date, source and description of all trust funds received; (i) The client or matter for which the funds were received. (Original cancelled checks, all of which must be numbered consecutively. (@) Other documentary support for all disbursements and transfers from the trust account. (@)_ Aseparate cash receipta and disbursements journal, including columns for receipts, disbursements, transfers, and the account balance, and containing at@ - a to) ‘The identification of the client or matter for which the funds were received, disbursed, or transferred; ‘The date on which all trust funds were received, disbursed, or transferred; ‘The check number for all disbursements; ‘The reason for which all trust funda were received, disbursed, or transferred. ‘A separate file or ledger with an individual card or ©) Page for each client or matter showing all Individual receipts, disbursements, or transfera and any ‘unexpended balance and containing: @ @ co) Gv) "The identification of the client or the matter for which trust funds were received, disbursed, or transferred; ‘The date on which all trust funds were received, disbursed, or transferred; ‘The check number for all disbursements; ‘The reason for which all trust funds were received, disbursed, or transferred. (@ All bank or savings and loan association statements for all trust accounts. (hy) The documenta described above shall be retained for at least seven years. (@) Respondent will perform the following trust-accounting ‘procedures: (@) The attorney shall cause to be made monthly: ® a) ‘Reconelliation of all trust bank or savings and ‘number, and other items necessary to reconcile the balance per bank with the balance per the checkbook and the case receipts and disbursements journal; ‘A comparison between the total of the reconciled balances of all trust accounts and the total ofC o (b) Atleast annually, a detailed listing identifying the ‘balance of the unexpended trust money held for each client or matter. {) The above reconciliations, comparisons, and listing shall be retained for at least seven years. Respondent shall direct any bani or savings and loan association where Respondent is a signatory on any banie fccount utilized in the practice of law to notify the Office of ‘Attorney Regulation Counsel, 600 17th Street, Suite 200- South, Denver, Colorado 80202, in the event any law firm or trust account check is returned due to insufficient funds or Respondent shall comply fully with the provisions of Colo, RPC 1.15(a), (b), and (c), with respect to any client or third party funds in the respondent's possession. Respondent shall fle a written report with the Office of e ‘Attorney Regulation Counsel quartarly regarding the satisfactory mai irregulasities in the respondent's records or in the respondent's handling of his accounts. If any irregularities are discovered by the financial monitor, then the financial 4q ‘monitor shall be required to identify the irregularities in thereport and to describe any steps taken by the respondent to rectify such irregularities. The first such report shall be filed ‘with the Office of Attorney Regulation Counsel within three monthe from the date of this Order. All subsequent reports ‘shall be filed on a quarterly basis thereafter through the ‘completion of the period of probation. However, if the financial monitor deems it unnecessary, and so states in ‘writing to the Office of Attorney Regulation Counsel, respondent need not file reports during the laat two quarters of the period of probation. in the event respondent leaves ‘private practice or becomes an employee or member of a private law firm, then the financial monitoring shall be ‘cancelled. Respondent will provide fifteen (15) days advance notice to the Office of Attorney Regulation Counsel of any such event. (© Respondent shall obtain malpractice insurance coverage of no Jess than $100,000.00 for each claim and, within thirty days of the date of this Order, shall deliver to the Office of ‘Attorney Regulation Counsel documentary proof of the existence of such coverage; further, the annual written D. Fara period of two years from the date of thia Order, the respondent shall not engage in any conduct which results in any of the , following: (1) The imposition of any form of discipline as provided in C.RCP. 251.6 or 251.7; (2) Anarder of immediate suspension as provided in C.R.C.A 251.8, 251.8.5, or 251.8.6; or (2) The Bling of a complaint aa provided in C.R.C.P. 251.14. E, The respondent has the obligation to comply with all requirements under this agreement and under C.R.C.P. 251.7, including the timely filing of an affidavit, The respondent acknowledges that he carries the burden of establishing that all conditions of probation. hhave been timely met in order to avoid imposition of a ninety (90) day suspension. Pursuant to C.R.C-P, 251.32, the respondent shall pay costs in the amount of $175.50 incurred in conjunction with this matter within thirty (80) days of the date of this Order. Statutory interest shall accrue fromthe date of this Order. Should the respondent fail to make payment of the aforementioned coste and interest within the thirty (30) days, the ‘ahall be responsible for all additional costa and expenses, such as responsible attorney fees and costa af collection incurred by the ‘complainant in collecting the above stated amount. The complainant mnay amend the amount of the judgment for the additional costs and expenses by providing a motion and bill of costs to the Presiding Disciplinary Judge. ‘THIS ORDER 18 ENTERED THE 29" DAY OF AUGUST, 2003; ‘THE EFFECTIVE DATE OF THE PROBATION 18 THE 29™ DAYbre 7900 East Union Ave., Suite 1100 Denver, CO 80237 Via First Class Mail Office of Attorney Regulation Counsel Kim E. tkeler 600 17% Street, Suite 200-8 Denver, CO 80202 Via Hand Delivery American Bar Association c/o Susan Berry Office of Attorney Regulation 600 17 Street, Suite 200-3 Denver, CO 80202 Counsel ‘Via Hand Detivery Board of Continuing Legal Education Karen Bradley ‘Asaiatant Executive Director @e27 Srs,, Sue 220-8 CO 80202 ‘Via Hand Delivery Colorado Attorney Registration Jody Browning {600 17% Street, Suite 305-3 Denver, CO 80202 Via Hand Delivery Colorado Bar Association Charles Turner Executive Director 1900 Grant Street, Suite 950 ‘Martindale Hubbell Law Directory ‘Attn: Joe Rudy, Rating Consultant P.O. Box 31 ‘New Providence, NJ 07974 ‘Via First Class Mail ‘Metro Lawyer Referral Service 809 Logan Street, Suite 110 Denver, CO 80203 Via First Class Mail Gupreme Court of the United States Perry Thompson 1 Firat Street Northeast ‘Washington, D.C. 20543 ‘Via First Class Mail United states Bankruptoy Court ‘Brad Bolton 72 19% Street, Room 117 Denver, CO 80202-2508 Via First Class Mail (Committee on Conduct 901 19% Street, Room A-105 Denver, CO 80294-3589 Via First Class MailFILED AUG 2 6 2003 [asuerecue ‘Complainant: ‘THE PEOPLE OF THE STATE OF COLORADO A COURT USE ONLY 4 Respondent: ——_—_—_— GREGG C. McREYNOLDS Case Number: oxo cS ‘KIM, IKELER, #15590 0 SPDN059 ‘Counsel ‘Attorney for Complainant 00 17 Street, Suite 200-South Denver, 80202 ‘Telephone: (303) 899-8121 ext. 320 Fax No; (803) 888-5302 Gregg C. McReynolds, #11771 7900 E. Union Ave., Suite 1100 80237 Denver, Colorado ‘Telephone: (303) 694-1800 Fax No.: (303) 694-2443 nav { _____ @TIPULATION, AGREEMENT AND AFFIDAVIT CONTAINING THR ‘RESPONDENT'S CONDITIONAL ADMISSION OF |___“RRaPONDENT'S CONDITIONAL ADMISSION OF MISCONDUCT __—! On this 26% day of August, 2003, Kim B. Ikeler, Assistant Regulation Counsel and attomey for. the complainant, end Grogs & McReynolds, the respondent enter into the following stipulation, and affidavit ‘the respondent's conditional admission of misconduct Crdpulation”) and submit the eame to the Presiding Disciplinary Juxig for hie consideration. RECOMMENDATION: SUSPENSION FOR 90 DAYS, stayed upon sscosssftil ‘complation of a two-year probation, with conditions. 1. The has taken and subscribed the oath of admission, was admitted to the ber of this court on May 11, 1962 and is registered aa an‘This matter has not become public under the operation of C.R.C-P. 251.31 as amended; however, respondent acknowiedges that, if the Presiding complaint SLERRidge of the right to such « formal bearing, the respondent waives that t. 5. ‘The respondent ‘and the complainant stipulate ts the following facta and conclusions: ‘Investigation no. 02-04293 a) Respondent settled a legal matter on behalf of client A wherein cent Revived $1,875 per month for 12 months. The respondent took $625. ‘Sir month for foes and clent A received $1,250 per month for a total of $1,875. » On October 4, 2002, the respondent deposited $7,584.82 ($8,000 for his Ghent B, $1,875 for hia client A and $709.82 for hia cient C) into his Gperating account. These monies sbould have been deposited into hie ‘trust account. a ‘Also, on October 4, 2002, the respondent deposited in hia Coltaf account q 2a ‘on Ociaber 7, 2002, the respondent's Coltaf account was overdrawn in oe ccsount of $1,156.94 showing one paid item in the amount of $1,250. The benk assessed a $25 overdraft charge. The checks, aoe. 1008, was made payable to client A in the amount of $1,250. 1) The respondent had an additional overdraft in his Cottaf scours oa December 2, 2002. On December 2, 2002, the Cottat ceo was overdrawn in the amount of $2,140.69 showing one peli Seen the amount of $5,412.89. The paid check, check n0. 1016, was Reis payable to client D. The bank assceeed « $25 insufficient finds ‘because respondent overpaid his client B. On Oa 4, 2002, respondent paid client B $3,218, which she was dus. Rowerer, on November 25, 2002, respondent wrote client B another Betty for $3,218, which she was not due. The second check was presented for payment on December 2, 2002, bh) Ae a result, when client D's check for $5,412.63 was presented So Payment on December 2, the Coltaf acomnt was at a negative bases. PeymeD waa paid on the check by the bank. Respondent then deposited {$2200 to cover the overdraft and the insufficient funds fees. a However, because respondent had paid clent B the extra $3,218 from, Hownint account, and becatise respondent only replaced $2,200 baciPernt reepondent's account an April 8: check no. 1074 payable to client Cin the amount of $1263.19. 3, 2002,0) Thia occurred as a result of the respondent's mixasp of deposits, described above. The funds would have been sufficient hed the respondent made the correct deposit. respondent's Coltaf ‘that amount or referencing client E fees. ‘The reapondent earned the $320 in fees (please note that the notation on ‘the $500 check to client I indicates that the refund was a “partial” e client finde. bins ‘Client F Matter @) On October 11, 2002, the respondent deposited $1,500 on behelf of his Client F. On that same date, the respondent paid himeeif $757 premumably for fees and costs Jeaving a balance due to client F in the Emount of $743. On November 12, 2002, the respondent paid client Fe $31,000 check referencing “settlements.” As a result, reepondent overpaid $257 to client F. 1) From November 12 through December 31, 2002, there is no reconciliation in the Coltaf account to repay the $257. The payment to client F.‘McReynolds PC.*. ‘The business account statement, checks and deposit. ipe are not designated as either « “professiana? or ‘oiic” eccount 89 required under Colo. RPC 1.154(4)- “Through the respondents conduct described: above, the respondent se Tate duct constituting grounds for the imposition of disciptine pursuant to. C.RCP. 251.5. ‘The respondent has also violated Colo. RPC ‘L.18ja).and (4) ‘the angrint of 9178.50 (a copy of the statement of costs ia attached herein 08 fn conjunstion with thia matter within thirty (0) days after ‘of the stipulation by the ‘The scoePetent agrece that statutory interest hall accrue from the date thas Soe ‘Judge accepts this respondent eet ts mle payment of the aforementioned costs and interest within (09) Os the ‘agrees to be responsible for all additional costa and ‘such as reasonable fees and costs of collection incurred byParsuaut tw Asicrican Bar Association Standards for inposing Lawyer Sondinnn 1991 and Supp. 1992 CABA Standards"), 69.0, the Court should consider the following factors generally: a. The duty violated: Colo. RPC 1.15(a) and ((4)- Pursuant to ABA Standard §4.12, suspension for 90 days, stayed UPaS ocoraial completion of probailon, with the below-described conditions, is Terpriate. Compare People v, Davis, 899 £24775 (Calo. 1995) (180 day ‘suspension for respondent's ‘and client funds in his suspensiSunt and writing 45 inguficient funds checks) with People 2, Shidier, 901 P.2d 477 (Colo. 1995) (public censure based on ‘two mistaken transfers out of his trust scovunt). . Considering all of the factors described above, as applied to this case, © go-dsy suspension, stayed for a probationary period of 2 year, with 20 ety mote an appropriate sanction. The respondent’ meets the eligibility Sequirementa for probation set forth in C.R.C.P. 251.7(0)-Instructions for registering are on the registration form, or are L The imposition of any form of discipline as provided in C.R.CP. 251.6 of 251.7; ii, An order of immediate suspension as provided in C.R.C-P. 251.8, 251.8.5, or 251.8.6; or {il The filing of a complaint as provided in C.R.C-P. 251.14, {. It is anticipated that thie probation will end in July 2008. The @' evils ame mis at me Ri, Based ca tbe firegsing, the partion hereto recommend that «0-287 ruspenaica, eyed upon completion of two-yeare probation with condone thareinabore described probation Gregg C. McReynokie ‘end Kim B. Tester, attorney for the ‘signing thia document that they have reed and ‘the above and request the ‘Diaciplinary Judge to accept the ‘stipulation aa set forth above. Sf faut ubseribed and sworn to before me thie 20 day of dlp 2003, by Grogs C. McReynolds, respondent. Witness my hari and offical seal, My commieeiod expire: 4.12 /OlrStatement.of Costs Gregg C. McReynolds 02-04293/02-05007 01-01126/2000-357 01/18/2001 _ Copying Costa/Case #2000-357 © 05/30/2001 | Transcript/Case #01-01126 072972003... Administrative Fee TOTAL saab’ae seme JAN 2 3.2001 20K. 42058 TiaAgE MAxE RIDETTANCERAYABLETO CU tet neeny IN ENCLOSED BUSINESS REPT ‘COURT AND. aOR VELOFE ALONG WITH A COPY OF THIS INVOICE, Ayes: PAYABLE ON RECEIPT OF THIS STATEMENT . r GR vs- flue. ag08-887Reepondent/Petitioner shall maintain all bankt sccounta required pursuant to Rule 1.15(f) of the Colorado Rulea of Professional Conduct, and all acobunting records, required pursuant to Rule 1.15(g) and (h) of the Colorado Rules of Professional Conduct and, to the extent not already required by Colo, RPC'1.15, will maintain the following minimum recorde ‘as to all bank accounts instituted or utilized by Respondent/Petitioner in any fashion whatsoever in the practice of law: A ‘A eeparate bank account or accounts and, if utilised, « separate ‘savings and loan association account or accounts, located in Colorado, in the name of the attorney or law firm and clearly Jabeled and designated as "trust account.” Original or duplicate deposit slips and, in the case of currency or coin, an additional cash receipts book, clearly identifying (1) ‘The date, source and description of all trust funds received; (Q)‘Theclient or matter for which the funds were received. Original cancelled checks, all of which must be numberede (1) The identification of the client or matter for which the funds were received, disbursed, or transferred; (2) The date on which ail trust funds were received, disbursed, of transferred; (8) The check number for ail disbursements; (4), The reason for which all trust funds were received, isbureed, or transferred. FA separate file or ledger with an individual card or page for each -- client or matter showing ailiridividual receipts, disbursements, or ‘transfer and any unexpended balance and containing: (1) The identification of the client or the matter for which trust funds were received, disbureed, or transferred; (2) ‘The date on which all trust funde were received, disbursed, © cctransterrets a (@) The check number for sll disbursements; (4) The reasom for which all trust funds were received, disbursed, or transferred. G. All bank or savings and loan association statements for ail trust accounts. HH. The documents described above shall be retained for at least seven years. 2. Respondent/Petitioner will perform the following trust-accounting procedures: ‘A. The attorney shall cause to be made monthly: (1) Reconciliation of all trust bank or savings and loan e association accounts, disclosing the balance per beni, deposits in transit, outstanding checks identified by dateand check iumber, and other items necessary to reconcile the balance per bank with the balance per the checkbook and the case receipts and disbursements journal; (2) Accomparison between the total ofthe reconciled balances of ‘il trust accounts and the total of the trust ledger cards or pages, together with specific descriptions of any differences between the two totals and reasons therefor. B. At icast annually, a detailed listing identifying the balance of the the Office of Attorney Regulation. Respondent/Petitioner shall comply fully with the provisions of Colo: RPC 1.15(a}, (9), and (¢, with respect to any client or third party funds in the respondent's possession. Respondent/Petitioner shall file a written report with the Office of ‘Attorney Regulation quarterly regarding the satiafactory maintenance of the financial aspect of Respondent's/Petitioner’s law practice’ and demonstrating Respondent's/Petitioner’s compliance with the conditions ‘ct forth above. In addition, Respondent/Petitioner shall slao senda 2report containing @ certificate from a certified publle accountant r ‘attorney approved by the Office af Attorney Regulation Counsel; verifying that the Respondent/Petitioner is in.compliance with all provisions of thie Exhibit B. Said audit and report shall be conducted and complied with at Respondent/Petitioner's sole expense. ‘The Respondent/ Petitioner shall be responsible for making sure that the financial monitor provides reports to the Office of Attorney Regulation Counsel on a quarterly basis verifying the respondent's/petitioner’s compliance with the provisions of this Exhibit B. Bach euch report shall contain the financial monitor's verification tht the financial monitor has reviewed al relevant records and information described herein during the period of time covered by the report, that all requirements and procedures set forth above were followed, and that the financial monitor discovered no-isregularities in’ the respondent's records or in the respondent's handling of his accounts, If any irregularitice are dlacovered by the financial monitor, then the financial monitor shall be required to identify the irregularities in the report and to describe any stepe taken by the respondent to rectify such irregularities, ‘The first such report ahall be filed with the Office of Attorney Regulation Counsel within three montha from the date this stipulation is approved by the Presiding Disciplinary Judge. All subsequent reports shall be filed on a quarterly basis thereafter through the completion of the period of probetion. However, if the financial monitor deems it unnecessary, and so states in writing to the office of Attomey Regulation Counsel, respondent ‘need not file reports during the last two quarters of the period of-probation. In the event respondent leaves private practice or becomes an employee or member of a private law firm, then the financialmonitoring shall be caiicelled. Respondent will provide 15 days advance ‘notice to the Office of Attorney Regulation Counsel of any such event. Respondent/Petitioner shell obtain malpractice insurance coverage of no ices than $100,000.00 for each claim and, within thirty days of the order of reinstateiient within 30° days of approval of, the agreement by the Presiding Disciplinary Judge, shall deliver to the Office of Attorney Reguiation documentary proof of the existence of such coverage; further, the annusl written report fled with the Office of Attorney Regulation seferred-te-hereinabove-sheil- apecificelly-inehude documentary proof ofSUPREME COURT, STATE OF COLORADO ORIGINAL PROCEEDING IN DISCIPLINE BEFORE, ‘THE OFFICE OF THE PRESIDING DISCIPLINARY JUDGE 1560 BROADWAY, SUITE 675, DENVER, CO 80202 Complainant: Case Number: ‘THE PEOPLE OF THE STATE OF COLORADO, 10PDs008 Respondent: GREGG C, MCREYNOLDS. ORDER APPROVING CONDITIONAL ADMISSION OF MISCONDUCT ‘AND IMPOSING SANCTIONS PURSUANT TO C.R.C.P. 251.22 ‘This matter is before the Presiding Disciplinary Judge (“the Court’) on a “Stipulation, Agreement and Affidavit Containing the Respondent's Conditional Admission of Misconduct" filed by Charles E. Mortimer, Jr., Office of Attorney Regulation Counsel ("the People"), and Gregg C. McReynolds ("Respondent’) on February 15, 2010. In this stipulation, the parties waive their right to a hearing under C.R.C.P, 251.22(c) ‘The Court, having reviewed the case-file and the stipulation, and being fully advised of the issues presented, ORDERS the following: 1. The stipulation is accepted and approved. 2. GREGG C. MCREYNOLDS, Attorney Registration’ No. 11771, is SUSPENDED from the practice of law for a period of THIRTY (30) DAYS, ALL STAYED upon the successful completion of a two-year period of probation subject to the following conditions: A. Mandatory Rule Condition, During the period of probation, the Respondent shall not engage in any further violation of the Colorado Rules of Professional Conduct. See C.R.C.P. 251.7(b) ("The conditions (of probation]...shall include no further violations of the Colorado Rules of Professional Conduct’) The parties previously fled a “Stipulation, Agreement and Affidavit Containing the Respondent's Conditional Admission of Misconduct” on January 19, 2010. The Court therefore Accepted the most recent stipulation as an "Amended Stipulation, Agreement and Alldavit Containing the Respondent's Conditional Admission of Misconduct” by interiineation.B. Respondent shall attend and successfully pass the one-day ethics school sponsored by the People within one year of the date of this, order. Respondent shall register and pay the costs of ethics school within thirty (80) days of the date of this order. Violation of Conditions. If, during the period of probation, the People receive information’ that any condition may have been violated, the People may file a motion with the Court specifying the alleged violation and seeking an order that requires the attorney to show cause why the stay should not be lifted and the sanction activated for violation of the condition. See C.R.C.P. 251.7(c). The filing of such a motion shall toll any period of suspension and probation until final action. Jd, Any hearing shall be held pursuant to C.R.C.P. 251.7(e). When, in a revocation hearing, the Alleged violation of a condition is the Respondent's failure to pay restitution or costs, the evidence of the failure to pay shall constitute prima facie evidence of a violation. Id. D. Successful Completion of Conditions. Within thirty days and no less than fifteen days prior to the expiration of the period of probation, Respondent shall file an affidavit with the People stating that Respondent has complied with all terms of probation and shall file with the Court notice and a copy of such affidavit and application for an order showing successful completion of the period of probation. See C.R.C.P. 251.7(). Upon receipt of this notice and absent objection from the People, the Court shall issue an order showing that the period of probation was successfully completed. Id The order shall become effective upon the expiration of the period of probation. Jd. Pursuant to C.RC.P. 251.32, Respondent shall pay costs incurred in conjunction with this matter in the amount of $91.00 within thirty (30) days of the date of this order. Costs are payable to the Colorado Supreme Court Attorney Regulation Offices. Statutory interest shall accrue from the date of this order. Should Respondent fail to make payment of the aforementioned costs and interest within thirty (30) days, Respondent shall be responsible for all additional costs and expenses, including reasonable attorney fees, incurred by the People in collecting the above-stated amount. The People may amend the amount of the judgment for additional costs and expenses by providing a motion and bill of costs to the Court.‘THIS ORDER IS ENTERED THE 18™ DAY OF FEBRUARY, 2010. THE EFFECTIVE DATE OF THE PROBATION 18 THE 18" DAY OF FEBRUARY, 2010. 1) WILLIAM R. LUCERO PRESIDING DISCIPLINARY JUDGE,Respondent Gregg C. McReynolds 5445 DTC Parkway, Penthouse 4 Greenwood Village, CO 80111 Via First Class Mail Office of Attorney Regulation Counsel Charles E. Mortimer, Jr. 1560 Broadway, Suite 1800 Denver, CO 80202 Via Hand Delivery American Bar Association ¢/0 Nadine Cignoni Office of Attorney Regulation Counsel 1560 Broadway, Suite 1800 Denver, CO 80202 Via Hand Delivery Board of Continuing Legal Education Karen Bradley Assistant Executive Director 1560 Broadway, Suite 1820 Denver, CO 80202 Via Hand Delivery Colorado Attorney Registration Elvia Monéragon 1560 Broadway, Suite 1810 Denver, CO 80202 Via Hand Delivery Colorado Bar Association Charles Turner Executive Director 1900 Grant Street, Suite 950 Denver, CO 80203-4309 Via First Class Mail Colorado Supreme Court Susan Festag 2 Bast 140 Ave., 414 Floor Denver, CO 80203 Via Hand Delivery IRS, Office of Professional Responsibility Attn: Kathy Gibbs SE: OPR, 1111, Constitutional Ave., N.W. Washington, DC 20224 Via First Clase Mail Martindale Hubbell Law Directory Attn: Joe Rudy, Rating Consultant P.O. Box 31 New Providence, NJ 07974 Via First Class Mail Metro Lawyer Referral Service 3000 South Jamaica Court, Suite 120 Aurora, CO 80014 Via First Class Mail ‘Supreme Court of the United States Perry Thompson Admissions Office 1 First Street Northeast Washington, D.C, 20543 Via First Class Mail United States Bankruptcy Court Brad Bolton 721 19% Street, Room 117 Denver, CO 80202-2508 ‘Via First Class Mail United States Court of Appeals for the Tenth Circuit Byron White United States Courthouse 1823 Stout Street Denver, CO 80257 Via First Class Mail United States District Court, District of Colorado Alfred A. Arraj U.S. Courthouse Mark Fredrickson 901 19% Street, Room A-105 Denver, CO 80294-3589 Via First Class Mail