PEOPLE v. GAHAGAN, 02PDJ082 (Colo.O.P.D.J. 4-7-2003)

People v. Gahagan.

No. 02PDJ082.Office of the Presiding Disciplinary Judge of the Supreme Court of Colorado.
April 7, 2003.

The Presiding Disciplinary Judge approved the parties’ Conditional Admission of Misconduct and suspended Respondent, Daniel S. Gahagan, attorney registration number 27026, from the practice of law for a period of one year and one day with all but forty-five days stayed during a one-year period of probation and subject to conditions. Respondent represented himself and his family members in an appeal of a civil forfeiture action brought by the United States Attorney in the Eastern District of Michigan. The case was appealed to the United States Court of Appeals, Sixth Judicial District. In a letter brief filed with the Court of Appeals, the respondent made a misrepresentation, which — it was stipulated — resulted from his haste in preparing the brief and his failure to reflect adequately on what he was including in the brief. Respondent’s conduct constituted a violation of Colo. RPC 8.4(c). The parties’ stipulated that the period of suspension would commence on May 15, 2003. Respondent was ordered to pay the costs of the proceeding.

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