Tuesday, November 30, 2010

The People of the State of Colorado, Complainant v. Christopher Alster, Respondent

Link for opinion: https://web2.westlaw.com/result/default.wl?elmap=Inline&tc=31&service=Find&scxt=WL&sv=Split&tf=562&rlti=1&cxt=DC&n=1&mt=Westlaw&fn=_top&vr=2.0&rlt=CLID_FQRLT886181126192211&rp=%2fFind%2fdefault.wl&cite=221+P.3d+1088&cnt=OUT&rs=WLW10.10&ss=CNT


In citation number 221 P.3d 1088 (Colo 2009), the Colorado Supreme Court suspended Christopher Alster from the practice of law for a period of 90 days, he must complete the one-day ethics school and a one-day trust account school as well as paying the costs of the proceedings. Rules of Prof.Conduct, Rule 8.4(c); Rule 1.15(f)(1) (2007)

The Colorado Supreme Court stated, the respondent placed personal funds into a COLTAF account and thereafter used it as a personal business account to hide personal assets from his creditors. Based on these undisputed factual allegations, the Court found that Respondent violated Colo. RPC 1.15(f)(1) (failure to keep personal funds separate from COLTAF account) and Colo. RPC 8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation). The rules of professional conduct require an attorney to keep personal funds separate from client trust accounts and prohibiting the attorney from engaging in the aforementioned conduct.

The court report states, “The People filed their complaint in this matter on September 13, 2007. Respondent failed to answer the complaint or otherwise participate in these proceedings and the Court granted “Complainant's Motion for Default” on September 9, 2008. Upon the entry of default, the Court deems all facts set forth in the complaint admitted and all rule violations established by clear and convincing evidence.” FN1. See People v. Richards, 748 P.2d 341, 346 (Colo.1987).

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