‘SUPREME COURT, STATE OF COLORADO ORIGINAL PROCEEDING IN DISCIPLINE BEFORE EILED ‘THE PRESIDING DISCIPLINARY JUDGE 1560 Broadway, Suite 675 JAH 0 4 2000 Denver, Colorado 80202 STREET cade Complainant: ‘THE PEOPLE OF THE STATE OF COLORADO ‘ACOURT USE ONLY A Respondent: JERRY LEE STEVENS Case Number: Charles 8. Mortimer, Jr., #16122 0 Assistant Regulation Counsel 10PDI 002 John S. Gleason, #15011 Regulation Counsel Attorneys for Complainant 1560 Broadway. Suite 1800 | Denver, Coloracio 80202 | Telephone: (803) 866-6400, ext. 6443, Fax No.: (803) 898-5302 | | COMPLAINT ae enen| ‘THIS COMPLAINT is filed pursuant to the authority of C.RC.P. 251.9 ‘through 251.14, and it is alleged as follows: Jurisdiction ‘The respondent has taken and subscribed the oath of admission, was admitted to the bar of this court on May 2, 1973, and is registered upon the official records of this court, registration no. 04033. He is subject to the Jurisdiction of this court in these disciplinary proceedings. The respondent's registered address is Super 8, 7201 East 36th Avenue, No. 161, Denver, CO 80207. General Allegation 2. Respondent was privately retained counsel on behalf of a criminal defendant named Marcus Robinson. Robinson’s parents paid the respondent fan advanced fee of $4,300.00 to represent their son. They also paid respondent a check for an additional $1,500.00 made out to an investigatorWalter Barrett. 3. Robinson was charged with a Class III felony of sexual assault, three counts of second degree assault, one count of third degree assault, resisting arrest, possession of drug paraphernalia and three habitual offender counts. If convicted of the most serious charge and the habitual counts, Robinson faces a 64-year sentence. 4. Respondent was retained on September 9, 2008. ‘There was no fee agreement or written statement as to the basis or rate of the fee respondent charged for the representation. No accounting for the funds paid to the respondent was ever provided. The funds were not deposited into a trust account, The $1,500.00 check was paid to investigator Barrett, 5. Respondent was late for court appearances on behalf of Robinson on February 19, 2009 and again on March 27, 2009. 6. Trial was scheduled for April 6, 2009. However, respondent notified the court on March 27, 2009 that he intended to withdraw as Robinson's counsel. 7. The court granted respondent's request to withdraw at that time without the filing of a motion. Robinson waived his speedy trial rights and the Lefal wats continued. Robinson's parents retained another attorney. 8 Respondent filed no motions on Robinson's behalf during the representation, 9. In 2008 Respondent picked up discovery that was available in the case. However, respondent did not respond to any of four notices to him in 2009 indicating that additional discovery was available. FIRST CLAIM FOR RELIEF IColo. RPC. 1.1 - A Lawyer Shall Provide Competent Representation.] 10. All prior averments are incorporated herein. LL. Respondent violated Colo. RP.C. 1.1, which requires a lawyer to represent a client competently. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Respondent did not file motions, review discovery or otherwise prepare a defense on Robinson's behalf. WHEREFORE, complainant seeks relief as set forth more fully below.‘SECOND CLAIM FOR RELIEF [Colo. R.P.C. 1.15(a) - A Lawyer Must Safeguard Client Funds] 12. All prior averments are incorporated herein, 18. Respondent did not deposit Robinson's advanced fee (retainer) in a trust account, in violation of Colo. R-P.C. 1.15fa). WHEREFORE, complainant seeks relief as set forth more fully below. ‘THIRD CLAIM FOR RELIEF [Colo. R.P.C. 1.15(c) ~ A Lawyer Shall Account to a Client for Funds Paid from Trust] 14, All prior averments are incorporated herein. 15. Respondent violated Colo. R.P.C. 1.15{c) in his representation of Robinson by failing to provide accountings to Robinson at the time he paid himself from the advanced fee paid by Robinson, or on Robinson’s behalf. WHEREFORE, complainant seeks relief as set forth more fully below. FOURTH CLAIM FOR RELIEF [colo. R.P.C. 1.5(0) ~ A Lawyer Shull Provide a Written Statement of the Basis or the Rate of his Fee to a Client who the Lawyer has not Regularly Represented] 16. All prior averments are incorporated herein. 17. Respondent had not previously represented Marcus Robinson. 18. Respondent violated Colo. R.P.C. 1.5(b) in his representation of Robinson by failing to provide a written statement of the basis or rate of his fee to Robinson, WHEREFORE, the people pray that the respondent be found to have engaged in misconduct ter CIRC. 251.8 and tne Colorado: Rules of Frofeesional Contuc as specified abover the respondent be, appropriately Aisciplined for uch misconduct the respondent be required to refend fas © the dent. and/or the cent protection land purscant to CAG, 262 140), td/or provide restitution to third partest the Teopondent be requred to return client les (or other client property: the repondent be require to take thy other remedial action approprate under the eieumstansany and the Fespontdent be assessed the cos of tls proceeding, Beccrater, 2086) DATED this Y” day of:Assistant Regulation Counsel John S. Gleason, #15011 Regulation Counsel Attorneys for Complainant