People v. Lund-Brown.
No. 22PDJ059. 4/6/2023. Opinion Imposing Sanctions.
June 29, 2023
After entering an order of default for failure to participate in the disciplinary proceeding, the Presiding Disciplinary Judge held a sanctions hearing and disbarred Matthew Patrick Lund-Brown (attorney registration number 49609) from the practice of law in Colorado, effective May 11, 2023. In addition, Lund-Brown must pay restitution of $1,425.
In three client matters, Lund-Brown failed to act with reasonable diligence and communication, abandoning his clients. Lund-Brown also ran afoul of flat-fee agreement rules, failed to maintain required financial records, improperly charged a nonrefundable fee, operated his law practice without a trust account, failed to maintain client case files, and did not exercise appropriate supervisory oversight over a nonlawyer assistant. Finally, Lund-Brown treated his clients’ advance deposit as earned, thereby converting their funds to his own use.
Lund-Brown’s conduct violated Colo. RPC 1.3 (a lawyer must act with reasonable diligence and promptness in representing a client); Colo. RPC 1.4(a)(3) (a lawyer must keep the client reasonably informed about the status of the matter); Colo. RPC 1.5(f) (fees are not earned until a lawyer confers a benefit or performs a legal service for the client); Colo. RPC 1.5(g) (a lawyer must not charge nonrefundable fees or retainers); Colo. RPC 1.5(h)(1) (a lawyer must include specific benchmarks for earning a portion of a flat fee, if any portion is to be earned before conclusion of the representation); Colo. RPC 1.15A(a) (a lawyer must hold property of clients or third persons that is in the lawyer’s possession in connection with a representation separate from the lawyer’s own property); Colo. RPC 1.15B(a)(1) (a lawyer must maintain a trust account or accounts, separate from any business and personal accounts into which the lawyer must deposit any advance payment of fees that have not been earned); Colo. RPC 1.15D (a lawyer must maintain in a current status and retain for seven years required financial records); Colo. RPC 1.16(d) (on termination of the representation, a lawyer must take steps to the extent reasonably practicable to protect a client’s interests); Colo. RPC 1.16A(a) (a lawyer in private practice must retain a client’s files unless the lawyer gives the file to the client, the client authorizes the destruction, or the lawyer has notified the client in writing of the intention to destroy the file); Colo. RPC 5.3(c) (a lawyer is responsible a nonlawyer’s conduct over which the lawyer has direct supervisory authority when that nonlawyer’s conduct would violate the Rules of Professional Conduct if engaged in by a lawyer and if the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved); and Colo. RPC 8.4(c) (it is professional misconduct for a lawyer to engage in conduct involving dishonesty, deceit, fraud or misrepresentation).