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In February 2020, Ian Hicks settled a lawsuit on behalf of his clients. The settlement involved three defendants and each agreed to pay Hicks’s clients $10,000, for a total of $30,000. In March 2020, Hicks paid his legal fee from the first $10,000 payment even though he hadn’t yet received the full settlement amount, violating the terms of his fee agreement.
By late June 2020, Hicks had received the entire $30,000. Due to his insufficient recordkeeping, he believed that only $20,000 had been paid. When his clients pressed Hicks for the remaining money, he falsely told them he was waiting on a final payment from one of the defendants. In March 2021, Hicks moved to enforce the settlement even though the defendants had already paid the settlement in full. Opposing counsel notified Hicks that the settlement was paid but Hicks continued telling his clients that he was waiting on the full settlement.. Hicks hadn’t reconciled his trust account from June 2020 to November 2021. Had he done so, he would have discovered the missing $10,000. During that time, the balance in his trust account dipped below what he should have held for his clients.
In another matter, Hicks began representing a client in October 2021 in a civil case against the client’s ex-boyfriend. After the representation began, Hicks and his client developed a sexual relationship. During that time, Hicks and his client exchanged texts in which Hicks called the ex-boyfriend an anti-gay slur. In a subsequent lawsuit, Hicks asserted defamation claims against the ex-boyfriend’s parents based on statements they made to disciplinary authorities.
The Presiding Disciplinary Judge approved Hicks’ stipulation to discipline and suspended him for 30 months. To be reinstated to the practice of law in Colorado following his period of suspension, Hicks must prove by clear and convincing evidence that he has been rehabilitated, has complied with all disciplinary orders and rules and is fit to practice law. The suspension will take effect March 2.