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Nulan - Stipulation

Nulan - Stipulation

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Published by: Circuit Media on Nov 09, 2011
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4
SUPREMECOURT,
STATE
OFCOLORADO
-
FILED
ORIGINAL
PROCEEDING
IN
DISCIPL{NE
BEFORE
THE
PRESIDiNG
DiSCIPLINARY
JUDGE
NQV
022011
1560
Broadway,
Suite
675
Denver,Colorado
80202
SUPRTtMECOURTFC(flORAD()
Complainant:
ACOURTUSE
ONLYA
THEPEOPLEOF
THE
STATE
OFCOLORADO
-
-—
CaseNumber:
1
OPDJO8O
Respondent:
I
(CONSOLIDATED
WITH
DARRELL
EUGENE
NULAN
1
1PDJO64)Adam
J.Espinosa,#3 3937Assistant
Regulation
Counsel
Attorney
for
Complainant
1560
Broadway,
Suite
1800
Denver
Colorado
80202
Te]ephone:
(303)
866-6400,
ext.
6478
Fax
No.:
(303)
893-5302
a.espinosa@csc
.
state.
Co.
US
STIPULATION,AGREEMENT
AND
AFFIDAVIT
CONTAINING
THE
RESPONDENT’S
CONDITIONAL
ADMISSIONOFMISCONDUCTOn
this
2nd
day
of
November,
2011,
Adam
J.
Espinosa,
Assistant
RegulationCounsel
andattorney
for
the
complainant,an d
Darrell
E.
Nulan,
Respondent
who
is
represented
by
attorneys
Gary
a.
Blum,
Esq.
and
Jessica
ED.
McOawn.Esq.
in
these
proceedings,
enter
into
the
following
stipulation,
agreement,
and
affidavit
containing
Respondents
conditionaladmission
of
misconduct
(“stipulation)
and
submit
the
same
to
the
Presiding
Disciplinary
Judge
for
his
consideration.
RECOMMENDATION:DISBARMENT
1.
Respondent
has
takenandsubscribed
the
oath
of
admission,
was
admitted
to
the
bar
of
thiscourt
on
July
23,1975,
and
is
registered
as
anattorneyuponthe
official
records
of
thiscourt,registration
no.
06580.
Respondent
is
subject
to
the
jurisdiction
of
thiscourtand
thePresidingDisciplinary
Judge
in
these
proceedings.
2.
Respondententers
into
thisstipulation
freely
and
voluntarily.
No
promises
have
beenmade
concerningfutureconsideration,
punishment,
or
lenience
in
the
above-referenced
matter.
It
is
Respondentspe rsona
decision,
andRespondent
affirms
there
has
been
no
coercion
or
otherintimidatingacts
 
by
any
person
or
agency
concerningthis
matter.
3.
This
matter
has
becomepublic
under
the
operation
of
C.RC.P.
251.31(c)
as
amended.
4.
Respondent
is
familiar
with
the
rules
of
theColorado
SupremeCourtregarding
the
procedure
for
discipline
of
attorneys
and
with
the
rights
provided
by
those
rules.
Respondent
acknowledges
the
right
to
a
full
and
complete
evidentiary
hearing
on
theabove-referencedcomplaint.
At
anysuchhearing.
Respondent
would
have
the
right
to
be
represented
by
counsel,
present
evidence,
call
witnesses,and
cross-examinethe
witnessespresented
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,
Respondent
waives
that
right.
5.
Respondentand
the
complainant
specifically
waive
the
right
to
ahearing
pursuant
to
C.R.CP.251.22(dlll).
6.
Respondentand
the
complainantstipulate
to
the
following
facts
and
conclusions:
1OPDJO8Oa.
Clarence
D.
Jones
(“Mr.
Jones)
hired
Respondent
to
assist
him
with
the
management
of
hismother’s
and
brothers’
estates.
b.
Mr.
Jones
is
the
executor
for
the
Estate
of
OrlandoChris
Jones
rocj
Estat&),
Mr.
Jones
late
brother.
c.
Respondent
knowingly
exercised
unauthorized
dominion
and
control
over
funds
belonging
to
the
OCJ
estate.
d.
Specifically,
Respondent
madean
unauthorized
withdrawal
of
fromthe
OCJ
Estatebankaccount
with
Bank
of
America
by
writing
his
law
firma
check
for
$20,000.00
and
thendepositing
that
check
into
his
lawfirm
COLTAF
account.
e.
Respondent
thenproceeded
to
withdraw
$19,304.19
from
those
funds
held
in
the
law
firm
COLTAF
account,
payable
to
himself.
Respondent
used
the
funds
to
pay
another
client,
Mr.
Marcelino
Galan.
He
did
notuse
the
funds
for
personalexpenses.
f.
Respondent
did
notearn
the
$19,304.19
that
he
withdrew
from
the
COLTAF
account
that
belonged
to
Mr.
Jones.
7
 
g.
The
Denver
District
Attorneys
Office
filed
criminal
chargesgainst
the
respondent
related
to
hisconversion
of
Mr.
Jones
money.
That
ase
was
captioned
as
People
of
the
Stateof
C&orado
u.
DarrellMilan,
010CR2531.
h.
On
December
17,
2010,
the
respondent
pled
guilty
to
a
class
hree
felony,
theft
of
$20,000.00
ormore,
and
to
a
class
one
misdemeanor,
heft
of
$500.00
to
$1000.00,
pursuant
to
C.R.S.
§
8-4-401(1),
(2)(d),
and
2ftb.5),
respectively.
Theseconvictionsrelate
to
therespondents
conversion
of
2000000
of
Mr.
Jones
money.
i.
Respondent
received
a
two-year
supervised
deferred
judgment
nd
sentence
on
the
classthree
felony,
and
a
concurrent
two-year
supeiwIsed
robationarysentence
on
the
class
one
misdemeanor.
j.
Respondent
is
required
to
pay
a
total
of
$20,000
in
restitution.
t
thetimeof
sentencing,
the
respondent
tendered
a
$10000.00
cashiersheek
to
the
District
Attorneys
Officefor
the
victim
of
the
crime,which
leaves
10,000.00
in
restitution
unpaid.
11PDJO64
k.
in
July
2008,
Respondent
represented
Marcelino
Galan
(“Mr.
alan)
in
a
worker’s
compensation
case,
case
number
06C1211.
1.
In
October
2009,
Mr.
Galan
contactedRespondentandaskedespondent
to
hold
$20,304.19
in
Respondents
trust
account.
Mr.
Galan
xplained
to
Respondent
that
he
and
his
wife
were
divorcing
andthat
he
was
fraidhis
wife
would
takethe
money
in
the
divorce.
m.
Respondent
agreed
to
keep
Mr.
Galans
$20,304.19
in
the
rimble,
Nulan,
and
&
Evans
COLTAF
account.
n.
On
October
23,
2009,
Respondentdeposited
Mr.
Galans
20,304.
19
into
the
Trimble,Nulan,
and
&
Evans
COLTAF
account.
The
eposit
was
credited
toMr.
Galan
on
the
Trirnble,
Nulan,
and
&
Evans
client
rust
listing
anddescribed
asresearch
business
opportunities.
o.
Respondentsrecords
reflect
that
he
performed
two
hours
of
ork
on
behalf
of
Mr.
Galanresearching
business
opportunities.Respondent
harged
Mr.
Galan
$1,000
for
this
work,
but
latercredited
Mr.
Galan$300owardsthose
fees.
p.
Mr.
Galan
did
notauthorizeRespondent
to
usethe$20,304.29
or
any
purposeother
than
minimal
fees
for
researchingbusinessppurtunties.
3

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