Editor’s Note: Law Week Colorado edits court opinion summaries for style and, when necessary, length.
In one client matter, Darlene Mann agreed to arrange for a kinship adoption and to prepare wills for married clients on an hourly basis. Mann deposited the clients’ $3,500 advance retainer in her trust account. She filed several pleadings, including a proposed final decree of adoption. In mid-November 2020, she withdrew $1,347 from trust for these services. Mann’s client ledger doesn’t show any other bills or invoices related to the case, and she did little work for the clients after that time. Even so, Mann later withdrew an additional $1,347 from trust, citing the same invoice.
According to a disciplinary opinion, Mann’s trust account balance dropped below the amount she should have been holding for her clients at least twice, including for a four-month period. Mann didn’t refund the unearned portion of the retainer, return the clients’ file or notify them her law license was suspended effective November 2021. Mann later agreed to pay the clients’ subsequent counsel’s legal fees, but to date she’s only paid approximately half of those fees.
In another matter, Mann represented a client facing a contempt citation in a dissolution action for failing to sell certain vehicles to pay off marital debt. At a hearing, Mann produced three checks, not yet negotiated, totaling $25,500 from the vehicles’ sales. Mann deposited the checks into her payroll account, but checks representing $15,000 were dishonored. Thus, only $10,500 of the client’s funds remained in Mann’s control. Mann deposited that sum into trust but soon withdrew money for her fees in the contempt matter.
At least twice, including from March until September 2021, Mann’s trust balance dipped below the sum she should have held for her client. At a later hearing, Mann told the court the checks bounced, which was misleading because opposing counsel and the court believed Mann hadn’t received any funds, and she didn’t inform the court she had deposited $10,500 from the checks. Mann’s client was held in contempt and ordered to pay the full amount. The client gave Mann a cashier’s check for $15,000. Mann deposited the money into trust but immediately withdrew funds to pay herself, dropping her trust balance below that which was necessary to purge her client’s contempt.
Mann later told the court that she held in trust the requisite money to purge the contempt, which was false, according to the opinion. Ultimately, Mann failed to turn over $10,500 to opposing counsel from January until October 2021, during which time she used the funds to pay her own business expenses without authorization from her client, opposing counsel or the court.
The Presiding Disciplinary Judge approved Mann’s stipulation to discipline and suspended her for 26 months, effective May 29.
People v. David Band
This reciprocal discipline case arose out of discipline imposed on David Band in Louisiana. In November 2023, the Louisiana Supreme Court suspended Band’s license to practice law in that state for six months, with all but 30 days deferred. Band’s Louisiana discipline was premised on his communications with an opposing party without the authorization of the party’s counsel.
During litigation against the opposing party, Band communicated with her about the legal matter through social media, email and phone. According to the disciplinary opinion, Band knowingly submitted false statements of material fact in connection with his case to disciplinary authorities in Louisiana.
The Presiding Disciplinary Judge approved Band’s stipulation and imposed reciprocal discipline, suspending him from the practice of law in Colorado for six months, with 30 days to be served and the remainder to be stayed, with conditions. Band’s suspension took effect on April 25.
People v. Sophia Juliana Johnson
This reciprocal discipline case arose out of discipline imposed on Sophia Johnson in Louisiana. In October 2023, Johnson’s Louisiana law license was placed on interim suspension. Then, on Feb. 6, the Louisiana Supreme Court granted Johnson’s consent to discipline with Louisiana disciplinary authorities; that tribunal suspended Johnson for one year, retroactive to Oct. 12, 2023 — the date Johnson’s interim suspension began.
Johnson’s Louisiana discipline was premised on her failure to timely file expert disclosures in a civil matter. When she realized her mistake, she falsified an email that purported to timely make the disclosures and then sought sanctions against her opponents when they refused to withdraw their motion in limine to exclude the experts. Johnson’s opponents and her own firm separately uncovered her deception. She initially denied any misconduct but eventually admitted to it. She prepared a filing disclosing her misconduct to the presiding court, but before she could file it the court granted her opponents’ motion in limine.
Johnson was terminated from her firm. Her clients sought new representation, and the clients’ subsequent counsel was able to obtain relief from the motion in limine and to make the expert disclosures.
According to the disciplinary opinion, Johnson self-reported her misconduct to Louisiana disciplinary authorities and timely self-reported her Louisiana discipline to Colorado disciplinary authorities.
The Presiding Disciplinary Judge approved Johnson’s stipulation and imposed reciprocal discipline, suspending her from the practice of law in Colorado for one year. Johnson’s suspension takes effect on May 28.