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1 OPDJO8O

1 1PDJO64)

SUPREME

COURT,

STATE

OF COLORADO

ORIGINAL

PROCEEDING IN

DISCIPL{NE

BEFORE THE

PRESIDiNG

DiSCIPLINARY

JUDGE

1560 Broadway, Suite

675

Denver,

Colorado 80202

Complainant:

THE

PEOPLE

OF THE

STATE

Respondent:

OF COLORADO

DARRELL EUGENE NULAN

-

FILED

NQV

022011

SUPRTtMECOURTFC(flORAD()

ACOURT USE

ONLYA

Case

-

Number:

I (CONSOLIDATED

-—

WITH

Adam J. Espinosa,

#33937

Assistant

Regulation

Counsel

Attorney for Complainant

1560 Broadway,

Suite

1800

Denver

Colorado 80202

Te]ephone:

(303) 866-6400,

ext.

6478

Fax No.:

(303) 893-5302

a.espinosa@csc

.

state. Co.

US

STIPULATION,

AGREEMENT AND AFFIDAVIT CONTAINING THE

RESPONDENT’S

CONDITIONAL ADMISSION

OF MISCONDUCT

On

Regulation

Respondent

McOawn.

agreement,

this

2nd

day

and

of

November,

for

2011,

Adam

J.

Espinosa,

Darrell

Assistant

E. Nulan,

ED.

Counsel

who

Esq.

and

is

in

attorney

by

the

complainant,

Gary

a.

into

and

represented

these

attorneys

Blum,

the

Esq.

and Jessica

proceedings,

containing

enter

following

stipulation,

of

affidavit

Respondents

conditional

admission

misconduct

(“stipulation”)

and

Judge

for his consideration.

submit

the

same

to

the

Presiding

Disciplinary

RECOMMENDATION:

DISBARMENT

1.

Respondent

has

admitted

to

the

bar

of this

attorney

upon

the

official

Respondent

is

subject

to

Disciplinary Judge

in

these

2. Respondent

taken

court

on

records

the

and

subscribed

23,

of

the

oath

and

is

of

admission,

registered

no.

as

was

an

July

of

1975,

court,

this

this

registration

court

06580.

jurisdiction

and

the

and

voluntarily.

punishment,

persona’

Presiding

proceedings.

into

this

enters

stipulation

future

It

is

no

coercion

freely

No

or

promises

have

been

made

concerning

lenience

in

the

above-referenced

matter.

and

Respondent

affirms

there

has

been

consideration,

Respondent’s

or

other

decision,

acts

intimidating

by

5.

to

6.

to

that

that

any

person or agency concerning

this

matter.

 

3.

This

matter

has

become

public

under

the

operation

of

C.RC.P.

251.31(c)

as

amended.

 
 

4.

Respondent

is

familiar

with

the

rules

of

the

Colorado

Supreme

Court

regarding

the

for

procedure

discipline

of

attorneys

and

with

the

rights

provided

by

those

rules.

Respondent

acknowledges

the

right

to

full

a

and

complete

evidentiary

hearing

on

the

above-referenced

complaint.

At

any

such

hearing.

Respondent

would

have

the

right

to

be

represented

by

counsel,

present evidence,

the

complainant.

call

witnesses,

and

cross-examine the

witnesses presented by

At

any

such

formal

hearing,

the

complainant would

have

the

burden

of

proof and

would

be

required

to

prove

the

charges

contained

in

the

complaint

with

knowledge of the

clear

and

convincing

evidence,

Nonetheless,

having

full

right to

such a formal hearing,

Respondent waives

that

right.

Respondent

and

hearing pursuant to

C.R.CP.

Respondent

and

and conclusions:

the

complainant

251.22(dlll).

the

complainant

1OPDJO8O

specifically

stipulate

waive

the

the

right

following

a

facts

 

a. Clarence D. Jones

(“Mr.

assist him

Jones”)

hired

Respondent to

with

the management of his

mother’s

and brothers’

estates.

 

b. Mr.

Jones

is

of Orlando

the

executor for the

Estate

Chris

Jones

rocj

Estat&),

Mr.

Jones’

late brother.

 
 

c.

Respondent

knowingly

exercised

unauthorized

dominion

and

control

over funds

belonging to

the

OCJ

estate.

 

d.

Specifically,

Respondent

made

an

unauthorized

withdrawal

of

from

the

OCJ

Estate

bank

of America

law

that

account

with

Bank

and

then

depositing

by

writing

check

into

his

his

law

firm

COLTAF

firm

a

check

for

account.

$20,000.00

 

e. Respondent then

proceeded

to

withdraw

$19,304.19

in

funds

held

the

law

COLTAF

firm

account,

payable

to

himself.

used the funds

to

pay

another

client,

Mr.

Marcelino

Galan.

He

did

funds for personal

expenses.

 

from

those

Respondent

not use

the

f. Respondent did

not earn

the

$19,304.19

the COLTAF account

belonged to Mr.

Jones.

he

withdrew

from

7

g. The

Denver

District

Attorney’s

Office

filed

criminal

charges

against the

respondent

related

his

to

conversion

of Mr.

Jones’

That

money.

captioned

case

of

was

People

the State

as

of

C&orado

u. Darrell

Milan,

2010CR2531.

h. On

December

17,

2010,

the

respondent

pled

guilty

a class

to

three

felony,

theft

of

$20,000.00

and

or

more,

a class

to

misdemeanor,

one

theft

of $500.00

$1000.00,

to

C.R.S.

pursuant

to

§ 8-4-401(1),

(2)(d),

and

(2ftb.5), respectively.

These

convictions

relate

the respondent’s conversion

to

of

$2000000 of Mr. Jones’

money.

i. Respondent received

a two-year

supervised

deferred judgment

and

sentence

on the class

three felony,

and a

concurrent two-year supeiwIsed

probationary

sentence on the class one misdemeanor.

j. Respondent is

required

to

a total

of $20,000

pay

in

restitution.

At

the

time

of

sentencing,

the

respondent

tendered

a $10000.00

cashier’s

cheek

to the District

Attorney’s

Office

for

the

victim of

the crime,

which

leaves

$10,000.00

in restitution unpaid.

11PDJO64

k. in

July

2008,

Respondent

represented

Marcelino

Galan

(“Mr.

Galan”)

in a worker’s compensation

number 06C1211.

case,

case

1. In

October

2009,

Mr.

Galan

contacted

Respondent and asked

Respondent

hold

$20,304.19

to

in

Respondent’s

trust account.

Mr.

Galan

explained

Respondent

to

that he

his

and

wife

divorcing

were

and

that

he was

afraid his

wife would take

the money in the

divorce.

m. Respondent

agreed

to keep

Mr.

Galan’s

$20,304.19

in

the

Trimble,

Nulan,

and

& Evans

COLTAF account.

n. On

October

23,

2009,

Respondent

deposited

Mr.

Galan’s

$20,304.

19 into

the

Trimble,

Nulan,

and

& Evans

COLTAF

The

account.

deposit was

credited

Mr.

Galan

to

the

Trirnble,

on

Nulan, and

& Evans

client

trust listing and described

“research

business

as

opportunities.”

o. Respondent’s

records

reflect

that

he

performed

hours

two

of

work on behalf of Mr.

Galan “researching business

opportunities”.

Respondent

charged

Mr.

Galan

$1,000

for

this

work, but

later

credited

Mr.

Galan

$300

towards those fees.

p. Mr.

Galan

did

authorize

not

Respondent

to

the

$20,304.29

use

for

any

other

purpose

than

minimal

fees

for researching

business

oppurtunties.

3

q. Respondent knew he was

19,

t.

Mr.

to

office

to

not authorized to

use

the

$20,304.19.

r. Nevertheless,

From

October 2009

to

January 2020,

Respondent

Mr.

Oaf an’s

knowingly

converted

funds

for

his

use

and

benefit

without

authorization from Mr.

Galan.

 

s. Beginning

November

30,

2009,

the

Trimble,

Nulan,

and

&

Evans COLTAF

account

dropped

below

$20,304.19

and

by

19,

May

2010,

the

Trimble,

Nulan,

of $1,700.9S.

and

Evans COLTAF

account had a balance

On

May

2010,

requested

that

Respondent

return

Respondent.

Respondent did not have

Galan

went

the

$20,304.19

Respondent’s

that

he

entrusted

the

funds to pay Mr.

Galan.

and

 

u. Respondent paid Mr.

Galan

19,

$500.00

on

May

2010.

On

that

same

day,

 

May

19,

2010,

Respondent

withdrew

$20,000.00

from

a

bank

account belonging to

his

client

Clarence

(“Mr.

Jones

Jones”).

(These

facts

pled in

case

1OPDJO8Q.)

number

 

are

v.

Respondent

converted

 

the

Jones’

funds

in

order

to

make

payment to Mr.

Galan.

 
 

Through

Respondent’s

conduct

described

above,

Respondent

has

in

engaged

conduct

of

constituting

grounds

for

the

imposition

discipline

pursuant

to

C.R.C.P.

251.5.

Respondent

violaEed

RPC

has

also

Cob.

8.4(b)

and 8.4(c),

 
 

7.

Claim

One

of the

complaint in

1OPDJOSD

also

charges

Respondent

with

violation

of

Cob.

RPC

3.4(c)

(A

lawyer

shall

not

knowingly

disobey

an

of a

obligation

under the

rules

tribunal).

Based

upon

the

discovery

performed

to

date,

and

as

part of the

stipulation

and

agreement containing

Respondents

complainant moves

that these

alleged

conditional

of misconduct,

admission

the

of the

violations

Colorado

Rules

of Professional

Conduct be

dismissed.

 
 

8. Pursuant

to

C.R.C.P.

251.32,

to

Respondent

agrees

pay

costs

in

the

amount of $33190

(a

of the

copy

statement of costs

is

attached

hereto

as

Exhibit

1)

incurred

in

conjunction

with

this

matter

within

one

hundred

and

eighty

days

(180)

days

after

acceptance

of

the

stipulation

by

the

Presiding

Disciplina’

Judge,

made

oayabfe

to

Colorado

Supreme

Court

Attorney

Regulation

Offices.

Respondent

agrees

that

statutory

interest

shall

accrue

from

the

date

that

the

Presiding

Disciplinary

Judge

accepts

this

stipulation.

fail

Should

Respondent

to

make

payment

of

the

aforementioned

costs

and

(30)

interest

within

days,

Respondent

be

to

specifically

agrees

responsible

for

all

additional costs

and

expenses,

such

as

reasonable

attorney fees

and costs of

collection

incurred

by

the

complthnan

in

collecting

the

above

stated

amount.

 

4

10.

will

11.

B.

E.

in

Office

of

is

to

wil]

be

that

12. Prior

to

CR8.

of the

of law

CRC]’,

pursuant

to

all

2)

of commitment,

3)

all

of

The

comp]ainant

may

amend

for

the

amount of the judgment

the

additional

costs

by

a

and

expenses

providing

motion

bill

of

and

costs

to

the

Presiding

Disciplinary

Judge,

which

identifies

this

of

paragraph

the

stipulation

and

Respondent’s

default on the payment.

 

9. This

stipulation

is

premised

and

of

conditioned

upon

acceptance

is

the

same by the

not

accepted

Presiding

without

Disciplinary Judge.

If for

any

reason

the

stipulation

changes

or

modification,

then

the

admissions,

confessions,

and

stipulations

by

of

made

Respondent will be

no

effect.

Either

party will

have

the

opportunity to

accept or

reject

any

modification.

If

either

party

rejects

the

modification,

then

the

be

parties

shall

entitled

to

a full

by

evidentiary hearing;

and no confession,

stipulation,

or

other statement made

Respondent

in

conjunction

with

this

offer

to

accept

discipline

of

disbarment

may be

subsequently used.

If

the

stipulation is rejected,

then

the

heard and

considered pursuant to C.R,C.P.

251.18.

matter will be

shortly

after

The Offlce of Attorney

the parties

sign

this

Regulation

agreement,

matter(s)

of the

proposed disposition.

Counsel

has notified or

the

complaining witness(es)

notify

in

the

Respondent’s

Darrell

counsel,

and

Gary

the

Blum,

Esq.,

hereby

authorizes

Respondent,

Attorney

set

Nulari,

non-lawyer

for

individual

monitoring

the

Regulation

herein

issues

Counsel

who

responsible

directly

the

conditions

and

forth

communicate

or

questions.

issue

concerning

counsel

scheduling

administrative

concerning

any

Respondent’s

may

arise.

contacted

substantive

carefully

considered

entering

into

this

the language of

stipulation,

Respondent

§18-1.3-401(3),

which

has

read

provides:

and

Every

person

convicted

of

a felony,

whether

defined

as

such

within

or

outside

this

code,

shall

be

disqualified

from

practicing

as

an

attorney

in

any

courts

of

this

state

during

the

actual

time

of

confinement

or

commitment

to

imprisonment

or

release

from

actual

confinement

on

conditions of probation

 

Respondent

stipulated

acknowledges

discipline

in

and

agrees

that,

this

stipulation,

notwithstanding

such

statutory

the

length

language

complied

matter,

terms

terms

prohibits

with

which

felony

this Respondents

felony

readmission

until

and

or reinstatement to

unless

Respondent

has

in

the

‘inderiving

and

the practice

fully

251.29

sentencing

1)

requirements

criminal

all

includes

all

of confinement,

terms

any

felony

parole

conditions,

5

including

probation.

PRIOR DISCIPLINE

13. Respondent received a etter of admonition

December

4,

1981

on

based on

a conflict of interest

in

a dissolution of marriage matter.

Respondent

received a

two-month

suspension

December

3,

1991 for

on

dishonest

conduct

related

the

to

respondent’s

wrongful

disbursement

of

escrowed

funds

to himself

and

a client

to

who

the

respondent’s

was

stepbrother, in

number 91SA137.

case

Respondent’s

license was

reinstated on

March

10,

1992.

ANALYSIS

OF

DISCIPLINE

14. Pursuant

American

to

Bar

Association

Standards

for

Imposing

Lawyer

Sanctions

1991 and

Supp.

1992 (“ABA

Standards”),

§3.0,

the

Court

should

consider the following

factors generally:

a. The

duty

violated:

Respondent violated

his

duty of honesty

two

to

clients

and

his

duty

safeguard

to

the

client

by

property

converting

funds

belonging to

clients.

two

Respondent also

violated

his

duty to

the

profession

and the public

by

violating the law,

impugning the

reputation

of

the profession,

and committing a criminal offense

against his client.

b. The

lawyer’s mental

Respondent’s

state:

mental

state

was

intentional

and knowing with

his

respect to

conduct of converting

client funds

and committing theft.

c. The

actua’

potential

injury

or

caused by

the

lawyer’s

misconduct:

Respondent’s

conduct

caused

potentially

serious

harm

his

clients

to

when

he

converted

their funds.

While

Respondent

repaid

Mr.

Galan

his

client funds,

he

did

with

funds

that he

so

converted

from

Mr.

Jones,

Bank

of

America

made

Mr.

Jones

whole

by

returning

all

of

the

funds

stolen

by

Respondent.

Respondent owes

a significant

amount of restitution

flank

to

of America

based

his

conduct

in

the

on

Jones

Respondent

matter.

has

paid

$12,780.00

in

restitution and he

continues to make payments.

d. The

existence

of

aggravating

mitigating

factors:

or

Factors

in

aggravation which

present include:

prior disciplinary

are

offenses,

dishonest or

selfish

motive,

multiple

offenses,

and

substantial

experience

in

the

law,

ABA

Standards

§9.22(a),

(b),

(d),

and

(i).

Factors

n mitigation

include:

timely

good

faith

effort

make

to

restitution

rectify

or to

of

consequences

misconduct,

full

and

free

disclosure

disciplinary

to

board

cooperative

attitude

or

toward

proceedings,

character

reputation,

imposition

or

of

other

penalties

or

sanctions,

and remorse,

ABA

Standards §9.32(d),

(e),

(k),

(g),

and

(I).

6

15. Pursuant to

11,

16. Respondents

two

be

Varallo,

1996)

for

of

is

of

for

of

Torpy,

17. Considering

all

of

sanction.

ABA

Standard

4.

disbarment

is

the

appropriate

the

misconduct

clients

can

only

characterized

most

serious

sanction

provided by

in

as

the

converting

funds

belonging

to

serious

misconduct,

requiring

rules:

disbarment.

Colorado

Supreme

Court case law

supports

such a sanction.

People

ii.

913

client

P.2d

1

(Cob.

(the

presumed

knowing

conversion

funds

disbarment,

regardless

lawyer intended to

permanently deprive the client of those funds.)

sanction

whether

People

v. Dice,

947

P.2d

knowing

misappropriation

339

funds

{Coio.

1997)

despite

the

not been previously disciplined.)

(disbarment is

fact

that

the

appropriate

respondent

the

has

when

People

u.

a

lawyer

966

knowingly

P.2d

1040

(Cob.

misappropriates

1998)

client

extraordinary mitigating factors.)

case,

disbarment is

an

the

appropriate

factors

described

sanction.

(disbarment is

appropriate

funds

in

the

absence

of

above,

as

applied

to

this

7

RECOMMENDATION

FOR AND

CONSENT TO

DISCIPLINE

Based

the

the

on

Darrell

E.

a

Nulan

be

imposition

to

discipline

of

of

The

the

Presiding

Disciplinary

order

of

be

immediate.

Darrell

Nulan,

Gary B.

Bluin

Mcoawn,

and Adam

acknowledge

by

signing

reviewed

above

and

to

as

set forth

above.

E. Nulan

DarreH

3570 E.

12(h

Avenue

Denver,

Colorado

(303)

STATE

OF COLORADO

CITY

AND

)

COUNTY

OF

DENVER

before

to

of

day

.7<A/

November,

me

sworn

2011,

Darrell S.

Nulan,

my

lesion

expires:

-

Notary

71-

Adam I

Espinb,

ff987

Gary/B.

Bium,

Esq.

1801

York

1560 Broadway,

1800

Denver,

Colorado

Denver;

Colorado

(303)

(303)

Attorney for Complainant

Attorney for Respondent

foregoing1

parties

hereto

recommend

disbarred.

Respondent

consents

disbarment.

parties

request

that

that the effective date

such discipline

the

that

Judge

ID.

Respondent;

and

Jessica

ID.

attorneys for Respondent;

J. Espinosa,

attorney for the complainant,

read

and

the

stipulation

this

document

that they have

Judge

request the Presiding Disciplinary

accept the

Subscribed

and

SB.

Respondent.

hand

and official seal.

Assistant Regulation

Counsel

Suite

80202

866-6400 x6478

8

839-1572

80206

this

4 /7

/

Street

399-3000

#3892

80206

‘vi

&j”p-

ctessica 6. McGawn, Esq. #33065 1801 York Street Denver, Colorado 80206 (303) 399-3000

Attorney for Respondent

Statement of Costs

Darrell E. Nulan

1OPDJO8O/11PDJ064

10-01 824/10-01600

4/27/2011

Deposition/Nulan

10/17/2011

Administrative Fee

Amount Due

 

240.90

91.00

$

331.90

EXHIBIT

-I--

.

--

7

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& STENSTROM, LLC

epatQ

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Aurora, Colorado 80014 (720) 449-0329 FUN 84- 1S6167

BILL TO:

ADAM J. ESPINOSA, ESQ. Office of Attorney Regulation Counsel

l56Oflroadway

Suite 1800 Denver, Colorado 80202

RE;

INVOICE

fl DATE

5/19/2011

IN VOICE #

16579

People v. Darrell Eugenc Nulaii Supreme Court, Slate of Colorado Original Proceeding in Discipline Before the Presiding Disciplinary Judge Case No, IOPDJO8O

QUANTITY

ITEM

DESCRIPTION

Depo ARC

Deposition of DARRELL

EUONE

NULAN Original Transcript Preparation April 27, 2011

e-Transcript

c-Transcript

Exhibits

Exhibit Copying

Tndex Tabs

Index Tabs

AF-flaif Day

Appearance Fee - Half Day

0+1 Delivery

Delivery (Original and copy)

36

)

I

14

8

I

1

j’Jnterest

will be charged it the rate of 1.5% per month on any

amount not paid within 30 days.

Total

RATE

AMOUNT

3.75

135.00

550

5.50

0.30

420

0.15

1.20

7500

75.00

20.00

20.00

5240.90