C COLORADO SUPREME COURT cee Regulation Counsel ATTORNEY REGULATION COUNSEL ( ‘Amy ©. DeVan John 8. Gleason Ericka Houck Englert ‘Adam J. Chet Deputy Regulation Counsel aw Stephen Rs Fatnger ree x SCANNED “asco: rgaret 8. Funk iaresajrapies cree nA mee Jamie 8. Sudler : cea yn 3. Moe First Assistant Regulation Counsel Aa: Notharey Katrin Miler Roth Charles E. Mortimer, Jr. Attorneys’ Fund for Client Protection Matthew A. Samucoon Unauthorized Practice of Law Louise Culberson-Smith May 20, 2011 Luis Toro Esq. Director of Ethics Watch 1630 Welton St. Ste 415 Denver, CO 80202 Re: Your request for investigation of Stephen S. McInnis Case No. 10-02301 Dear Mr. Toro: The Office of Attorney Regulation Counsel has reviewed the evidence in light of the Colorado Rules of Procedure Regarding Attorney Discipline and Disability Proceedings and the Colorado Rules of Professional Conduct. The Office of Regulation Counsel has determined that the circumstances here do not warrant imposition of discipline. After a review of the evidence and interviews with various witnesses, we conclude there is not clear and convincing evidence of a violation of the disciplinary rules. As you and Ms. Funk discussed, she deposed Rollie Fisher and Sean Duffy, two key witnesses in this matter. She also interviewed Ms. Saeem Hasan and Mr. McInnis. Mr. Fisher and Ms. Hasan also provided Ms. Funk with a copy of their personal emails with Mr. McInnis, contemporaneous handwritten notes they took during conversation with Mr. McInnis, and other related documents in their possession. A review of their testimony and the documents they produced reflect several key facts, including: + In 2005, Mr. McInnis instructed Mr. Fisher not to plagiarize any work in the articles he drafted, * Mr. Fisher alone chose to import large sections of text previously written by the Honorable Justice Gregory Hobbs into one of the articles he drafted for Mr. McInnis, without credit citation. 1560 Broadway, Suite 1800 * Denver, Colorado 80202 « (303) 866-6400 « Toll free (877) 888-1370 «Website» www. coloradosupremecourt.comPage 2 * Mr. Fisher did not and does not believe that such use was plagiarism, as he believes Justice Hobbs’ article is part of the “public domain.” * Mr. Fisher did not disclose to Mr. McInnis that he had imported the work of Justice Hobbs into his article. * Mr. McInnis had informed Mr. Fisher in 2005 that the articles would likely be published by the Hasan Family Foundation. * Mr. Fisher expected Mr. McInnis to treat the articles as his own work product, without any reference or credit to Mr. Fisher. * Mr, McInnis did disclose his retention of a research assistant to Ms. Hasan in writing in 2005, contrary to the Foundation’s representation in its press release in 2010. Ms. Hasan had been dealing with the daily care of an ill mother at the time Mr. McInnis sent her notification and by 2010, she had just simply forgot about that particular communication. For all these reasons, there is no clear and convincing evidence Mr. McInnis knowingly engaged in dishonest conduct by either: (1) plagiarizing Justice Hobbs’ work, or (2) reporting to the Foundation that the articles were his original work. Thank you for your willingness to bring this matter to our attention and your cooperation. Your involvement in the attorney disciplinary process is vital part of the Supreme Court’s efforts to ensure that attorneys abide by the court’s standards of professional ethics. Sincerely, ALE: John S. Gleason Regulation Counsel JSG/MBF/nc ce: Victoria E. Lovato Esq.“ ~~. COLORADO SUPREME COURT Regulation Counsel ATTORNEY REGULATION COUNSEL cae John S, Gleason Pa Ecka Houck Chief Deputy Regulation Counsel Adam J. Espinosa James C. Coyle ‘Stephen R. Fatzinger Margaret Pa Chief Deputy Regulation Counsel ‘ur Jamie S. Sudler Elizabeth Es ee kee = ynhlaB: Mares First Assistant Regulation Counsel Os Charles E. Mortimer, Jr. ‘Attorneys’ Fund for Client Protection Keith Miter Roney Unauthorized Practice of Law Matthew A, Samuelson, May 20, 2011 Stephen McInnis c/o Gary Blum and Victoria Lovato 1801 York Street Denver, CO 80206 Re: Request for Investigation filed by Luis Toro Esq Case No. 10-02301 Dear Mr. Blum and Ms. Lovato: The Office of Attorney Regulation Counsel has reviewed the evidence in light of the Colorado Rules of Procedure Regarding Attorney Discipline and Disability Proceedings and the Colorado Rules of Professional Conduct. The Office of Regulation Counsel has determined that the circumstances do not warrant discipline of your client. Based on the sworn testimony of Mr. Fisher, and his contemporancous emails, personal notes and other documents produced by him, it is clear that in 2005 Mr. McInnis both disclosed to Mr. Fisher that his draft articles may be published by the Hasan Family Foundation and instructed Mr. Fisher (a water law expert but inexperienced author) that he must not plagiarize anyone’s work, but should provide appropriate citations when using the materials of others. Further, based on our interview of Ms. Hasan and our review of the documents she provided to us, including, contemporaneous emails between her and Mr. McInnis, it is also clear that Mr. McInnis notified her of his retention of Mr. Fisher as his research assistant. While both Mr. Fisher and Ms. Hasan provided contradictory accounts to the press at the time this issue was raised by The Denver Post, a more thorough review of their archived materials demonstrates that both had forgotten several specific communications with Mr. McInnis that had occurred several years before. Thus, based on the facts uncovered in the investigation and related depositions and interviews, there is no clear and convincing evidence of any 1560 Broadway, Suite 1800 « Denver, Colorado 80202 « (303) 8566400 » Tol free (877) 88-1370 «Website» ww. colorsdosupremesourtcomPage 2 dishonest conduct by Mr. McInnis. For these reasons, the matter has been dismissed. Sincerely, fib ban Johf S. Gleason Regulation Counsel JSG/MBF/nc