Narrative Opinion Summary
The case involves the reinstatement of an attorney, initially suspended for failing to meet child support obligations and client responsibilities, primarily due to the challenges of managing a solo practice. The attorney was admitted to the Colorado bar in 1995 and faced an 18-month suspension following a Stipulation and Conditional Admission of Misconduct. The attorney petitioned for reinstatement, supported by testimony from several witnesses and letters of support, and demonstrated rehabilitation through community service and a commitment to addressing past professional shortcomings. The Hearing Board, comprising Dr. David S. Wahl, Boston H. Stanton, Jr., and Presiding Disciplinary Judge William R. Lucero, granted the petition for reinstatement, effective August 4, 2004, under the condition that the attorney obtains a practice monitor if resuming solo practice within three years. The Board found clear and convincing evidence of compliance with court orders and fitness to practice law, referencing the criteria established in People v. Klein. The attorney has since engaged in continuing legal education and demonstrated improvements in professional competence, character, and organizational skills in a corporate environment. The reinstatement includes specific conditions to ensure compliance with professional standards, aiming to prevent previous issues from recurring.
Legal Issues Addressed
Factors for Reinstatement Considerationsubscribe to see similar legal issues
Application: The criteria for reinstatement, as outlined in People v. Klein, include the petitioner's character, conduct since the original discipline, professional competence, and community service.
Reasoning: The Petitioner has successfully met the criteria for reinstatement as outlined in People v. Klein, 756 P.2d 1013 (Colo. 1988), which requires consideration of various factors related to the Petitioner's rehabilitation, including character, conduct since the original discipline, professional competence, candor, and community service.
Failure to Meet Professional Responsibilitiessubscribe to see similar legal issues
Application: Lockley's suspension was initially due to failure to meet child support obligations and client responsibilities, attributed to the demands of solo practice.
Reasoning: Lockley was admitted to the Colorado bar on September 12, 1995, and faced an 18-month suspension following a Stipulation and Conditional Admission of Misconduct due to failure to meet child support obligations and client responsibilities while practicing as a solo attorney.
Reinstatement to Practice Lawsubscribe to see similar legal issues
Application: The Hearing Board granted Lockley's petition for reinstatement based on clear and convincing evidence of rehabilitation and readiness to resume practice, with the condition of obtaining a practice monitor if he resumes solo practice within three years.
Reasoning: The Hearing Board ordered the reinstatement of Larry K. Lockley, attorney registration number 25840, effective immediately, confirming that he has provided clear and convincing evidence of compliance with court orders, fitness to practice law, and rehabilitation.
Stipulations and Conditions for Reinstatementsubscribe to see similar legal issues
Application: Lockley's reinstatement is contingent on specific conditions, including the hiring of a practice monitor if he returns to solo practice, due to previous difficulties managing a solo practice.
Reasoning: If he resumes solo practice or works with a single practitioner with less than five years of experience within three years, the Petitioner must notify the Office of Attorney Regulation Counsel and engage a practice monitor at his own expense for one year.