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People v. Fagan5/29/1990
In this disciplinary proceeding we consider four consolidated cases involving respondent Charles Douglas Fagan. The Inquiry Panel of the Supreme Court Grievance Committee (the Panel) approved a Stipulation, Agreement and Conditional Admission of Misconduct (the stipulation) jointly submitted by the respondent and the disciplinary counsel. The stipulation recommends that the respondent be suspended from the practice of law for a maximum of two years. The respondent requests no more than a six-month suspension. The Panel recommended that the respondent be disciplined by a suspension of six months, and that he be assessed the costs of these proceedings. We reject the recommended discipline and order that the respondent be suspended from the practice of law for two years and that he pay the costs of these proceedings.
I.
This case arises out of four complaints filed by the disciplinary counsel against the respondent. The respondent was admitted to the bar of the Supreme Court of the State of Colorado on October 21, 1976, and is therefore subject to the jurisdiction of this court and its Grievance Committee.
A. Case No. 87B-67
The complaint in case number 87B-67 alleges that the respondent was retained by Stephen G. Schilawski of Decatur, Illinois, to look into the foreclosure of a dry cleaning business in Colorado, and to initiate a damages suit arising out of the destruction of Mr. Schilawski's automobile. The complaint alleges that the respondent neglected the matter, failed to return his client's calls and correspondence, and failed to return the client's retainer fee. The stipulation notes that the charges underlying the grievance were dismissed. The respondent admits, however, that his failure to respond to and cooperate with the Grievance Committee in the matter violated C.R.C.P. 241.6(7), 7A C.R.S. (Supp. 1989).
B. Case No. 87B-107
The complaint in case number 87B-107 alleges in count I that in 1985, John Neil Satre was charged by information with possession of cocaine, use of cocaine, and driving under the influence of drugs. The complaint alleges that Satre retained the respondent for a flat fee of $10,000.00, and initially paid the respondent $1,000.00. In the stipulation, the respondent denies that Satre retained him for a flat fee of $10,000,00. The complaint alleges that the respondent entered an appearance and filed a waiver of extradition, a request for a preliminary hearing, and a request for disclosure. The respondent represented Satre at the preliminary hearing, filed a motion to suppress, and counseled Satre during plea negotiations. At Satre's request, the respondent moved for a continuance so out-of-state counsel, David Chesnoff, could enter an appearance as co-counsel. The respondent also requested the continuance so that he could have Satre undergo psychological testing. The respondent made several brief court appearances and participated in the suppression hearing before Chesnoff joined him on the case. Thereafter the respondent filed a motion to present evidence of Satre's impaired mental condition and moved to have Satre independently tested. The respondent and Chesnoff prepared a petition for a writ of prohibition or mandamus and filed it with this court. On March 6, 1985, the first day of trial, the respondent announced that his client and the People had agreed to enter into a plea bargain. Satre pleaded guilty to the amended count of possession, and all other counts were dismissed.
As of March 15, 1986, Satre had paid the respondent $2,612.50. The respondent continually sent monthly, itemized statements which, by November 1, 1986, totalled $27,307.83. On August 2, 1986, Satre as
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