Editor’s Note: Law Week Colorado edits court opinion summaries for style and, when necessary, length.
Following a reinstatement hearing, a hearing board reinstated James Stern to the practice of law in Colorado, effective April 3.
In November 2022, Stern was suspended from the practice of law for six months, with the added requirement that he petition to reinstate his law license. According to the disciplinary opinion, Stern’s suspension was premised on his unremitting pursuit of an attorney’s-fees-first approach in a joint representation that was riddled with conflicts. The hearing board reinstated Stern, finding he proved by clear and convincing evidence that he complied with all disciplinary rules and orders, is fit to practice law and has been rehabilitated from his underlying misconduct.
Tara Latus’ Colorado law license was administratively suspended on May 2, 2022. Latus knew her license was suspended by July 8, 2022. Despite this, Latus provided legal services to three clients between July 25 and Sept. 27, 2022, according to the disciplinary opinion. The clients weren’t aware of her administrative suspension until after the representation ended.
Latus sent the clients two engagement letters, each requiring a $3,500 advance retainer. In August 2022, Latus and one client agreed the time she spent on legal services before receiving a retainer would be applied to that future retainer. In late October 2022, the clients paid Latus $3,600 through a Venmo account that belonged to Latus’s husband. At the time she received the payment, Latus wasn’t entitled to treat the funds as earned, particularly because she was administratively suspended and couldn’t charge for any legal services she performed. According to the opinion, Latus didn’t place her clients’ retainer in trust, as she didn’t maintain a trust account at that time.
Latus’ husband transferred the funds into his personal account on Nov. 6, 2022. The next day, the clients terminated the representation because they were dissatisfied. They requested a full refund or an accounting. Latus told her clients she would calculate her time and return unearned funds but she didn’t, despite her clients’ several requests that she do so. In mid-December 2022, after reinstating her law license, Latus told her clients her former spouse had stolen their funds from her trust account. This statement was false, according to the opinion.
In November 2023, Latus repaid the clients $3,600, with additional payments to each representing 7% accrued interest.
The Presiding Disciplinary Judge approved Latus’ stipulation to discipline and suspended her for three years, effective April 3.