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People v. Moffitt12/10/1990
In this disciplinary action, the respondent, David R. Moffitt, and the assistant disciplinary counsel for the Supreme Court Grievance Committee entered into a stipulation of facts, which was submitted to the hearing board. Based upon the stipulation of facts and the testimony of the respondent, the hearing board found that the respondent neglected a legal matter entrusted to him and engaged in conduct prejudicial to the administration of justice. The board recommended that the respondent receive a private censure. The hearing panel approved the findings of fact but modified the recommendation of the hearing board from private censure to a public censure. See C.R.C.P. 241.15(b). In light of the respondent's prior disciplinary record of neglecting legal matters, we accept the recommendation of the hearing panel and order that the respondent be publicly censured and pay the costs of these proceedings.
I
The respondent was admitted to the bar of this court on May 2, 1973, is registered as an attorney upon this court's official records, and is subject to the jurisdiction of this court. C.R.C.P. 241.1(b). The respondent stipulated to the following facts.
Luanne Moore retained the respondent in March 1984 to defend her against a charge of driving under the influence of alcohol arising out of her arrest on March 2, 1984. He advised Moore of her rights regarding the revocation of her driver's license by the Motor Vehicle Division of the Department of Revenue (MVD). On March 19, 1984, MVD revoked Moore's license, effective March 30, 1984. Moore requested an administrative hearing and obtained a temporary permit to drive on March 29.
On May 25, 1984, the respondent represented Moore at the administrative hearing at which her driving privileges were again revoked. The respondent filed a petition for judicial review and a motion to reinstate Moore's license in the Jefferson County District Court on June 8, 1984, and her license was reinstated on that date. The administrative record and transcript was filed on November 16, 1984. On January 17, 1985, the district court ordered Moore to file her brief within forty days and a copy of the order was sent to the respondent.
The respondent failed to file the brief and on April 22, 1985, the district court dismissed the petition, vacated the reinstatement order, and remanded the case to MVD for enforcement of the revocation order. The respondent notified Moore of the district court's action when he received the order of dismissal. He agreed to refund $300 of the $500 Moore paid him to prosecute the appeal. The respondent filed a motion to set aside the district court's order on April 29, but the motion was denied without a hearing on May 17, 1985.
The respondent later agreed to Moore's request to refund the full $500 and to file a motion for reconsideration of the motion to set aside the district court's order. On July 1, 1985, he filed a notice to set a hearing on a motion to reconsider the district court's denial of his motion to set aside. The motion to reconsider was filed July 24, 1985, and denied without a hearing two days later. On August 14, 1985, the respondent delivered $500 to Moore.
Moore retained another attorney to represent her in a possible malpractice action against the respondent. On February 10, 1986, Moore's new attorney wrote to the respondent about the malpractice claim and extended a settlement offer. Moore's attorney and the respondent discussed the offer the following day. One week later, Moore's attorney made a reduced settlement offer to the respondent in a letter. One of the terms of the offer was that Moore and her husband wo
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