Thursday, March 1, 2018
The Cancer That Wasn't
The Colorado Presiding Disciplinary Judge approved a stipulated three-year suspension in a matter involving three client complaints.
From the summary
In the second matter, a client hired Rose in a dispute over construction services. Rose’s client prevailed on his claim but lost a counterclaim. Rose appealed the counterclaim yet failed to give his client a new fee agreement. Rose asked the court of appeals for an extension of time to file the record on appeal, citing health issues, including fatigue, exhaustion, and thyroid issues. He also stated that he had begun treatment for papillary thyroid cancer. But Rose had not been diagnosed with thyroid cancer. Rose made similar misrepresentations about his health to the court of appeals in a response to show cause. The court of appeals eventually dismissed the case for Rose’s failure to respond to a second show cause order. Rose never notified his client that the appeal had been dismissed.