Editor’s Note: Law Week Colorado edits court opinion summaries for style and, when necessary, length.
Morgan Wiener is a trusts and estates litigator. She opened her own firm in October 2023. In one client representation, Wiener failed to communicate with a client who believed she had a hearing that day. Wiener believed a status report was due instead. The client, not Wiener, filed a status report.
In another representation, two co-conservators in a probate court matter retained Wiener in November 2022. Wiener’s last communication with them was in June 2023. After they were unable to contact Wiener for several months to discuss annual reporting requirements or to arrange for the filing of an annual report, they hired new counsel. The co-conservators didn’t know that the court had issued several orders in the matter. Even though Wiener was aware of the orders, she hadn’t told her clients about the orders, according to the disciplinary opinion. Nor did she file an annual report.
In another client matter, Wiener failed to respond to opposing counsel’s demands, failed to advise her client about the client’s deposition, didn’t file any pleadings in the six months before a contested hearing and failed to confer with opposing counsel about the motions that opposing counsel had filed.
In a fourth client matter, Wiener delayed acting on behalf of a client who wished to contest a will. Due to Wiener’s inaction, evidence may have been lost, and her client may have lost out on inheritance. Wiener also didn’t respond in a timely manner to the client’s communications.
In a fifth matter, Wiener wasn’t responsive to her client and didn’t inform the client about orders issued by the court, including orders concerning attorney’s fees. After the client called the court’s clerk, the court issued a show cause order directing Wiener to appear. Wiener failed to do so.
The presiding disciplinary judge approved Wiener’s stipulation to discipline and suspended her from the practice of law for nine months, with three months to be served and six months to be stayed pending Wiener’s successful completion of a three-year period of probation, with conditions. The suspension, which takes into account other factors, is effective April 7.