JOHN A. BERMAN, John Berman, Marjorie Katz Berman, David Berman, Josua Berman, Laurence Berman, Stephen Berman, Larry Berman, Samss Berman, Daniel Berman, jab@jaberman.com Would you trust your legal affairs to this guy???? Denver, Colorado

SUPREME COURT, STATE OF COLORADO

ORIGNAL PROCEEDNG IN  DISCIPLNE

BEFORE THE PRESIDNG DISCIPLINARY JUDGE

1560 Broadway, Suite 675 Denver, Colorado 80202

Complainant:

THE PEOPLE OF THE STATE OF COLORADO

Respondent:

John A. Berman Attorney, #6695

Elizabeth Espinosa Krupa Regulation Counsel

Attorney for Complainant

1560 Broadway, Suite 1800

Denver, Colorado 80202

Telephone: (303) 866-583 Fax No.: (303) 893-5302 ekrupa@csc.state.co.us

John M. Richilano, #6920

1800 15th Street, ste 101

Denver, CO 80202

(303)893-8000 (303)893-8055 (f) jmr@richilanoshea.com Attorney for Respondent

FlLED

MAY 1 t 2012

             DISCIPLINARY

SUPREME COURT OF COLORADO

A COURT USE ONLY A

STIPULATION, AGREEMENT AND AFFIDAVIT CONTAINING THE RESPONDENT'S CONDITIONAL ADMISSION OF MISCONDUCT

On this day of May, 2012, Elizabeth E. Krupa, Assistant Regulation Counsel and attorney for the complainant, and John A. Berman, Respondent, who is represented by attorney John M. Richilano in these proceedings, enter into the following stipulation, agreement, and affidavit containing Respondent's conditional admission of misconduct ("stipulation") and submit the same to the Presiding Disciplinary Judge for his consideration.

RECOMMENDATION: Nine month suspension with the requirement of a petition for reinstatement pursuant to 251.29(c), all stayed upon successful completion of a two-year probation, with conditions

1. Respondent has taken and subscribed the oath of admission, was admitted to the bar of this court on October 6, 1975, and is registered as an attorney upon the official records of this court, registration no. 06695. Respondent is subject to the jurisdiction of this court and the Presiding Disciplinary Judge in these proceedings.
2. Respondent enters into this stipulation freely and voluntarily. No promises have been made concerning future consideration, punishment, or lenience in the above-referenced matter. It is Respondent's personal decision, and Respondent affirms there has been no coercion or other intimidating acts by any person or agency concerning this matter.
3. This matter has become public under the operation of C.R.C.P. 251.31(c) as amended.
4. Respondent is familiar with the rules of the Colorado Supreme Court regarding the procedure for discipline of attorneys and with the rights provided by those rules. Respondent acknowledges the right to a full 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, call witnesses, and cross-examine the witnesses presented by the complainant. 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 clear and convincing evidence. Nonetheless, having full knowledge of the right to such a formal hearing, Respondent waives that right.
5. Respondent and the complainant specifically waive the right to a hearing pursuant to C.R.C.P.
6. Respondent has read and studied the complaint denominated as Exhibit A and is familiar with the allegations therein. A true and correct copy of the complaint is attached to this stipulation as Exhibit A. With respect to the allegations contained in the complaint, Respondent affirms under oath that the following facts and conclusions are true and correct:
   1. In 2010, Maureen Lovell hired Respondent to represent her and her husband in the filing of a bankruptcy. She and her husband were in the process of dissolving their marriage. Finalizing their bankruptcy was important to complete before they could finalize the divorce.
   2. During Respondent's representation of Ms. Lovell* Respondent touched

Ms. Lovell without her consent or permission and in a manner she found offensive.

1. This conduct, in conjunction with his comment on her "beautiful skin," caused Ms. Lovell emotional discomfort and violated the trust she had in Respondent as her attorney.
2. Through Respondent's conduct described above, Respondent has engaged in conduct constituting grounds for the imposition of discipline pursuant to C.R.C.P. 251.5. Respondent has also violated Colo. RPC 8.4(h).
3. Claims Il and Ill of the complaint also charge Respondent with violation(s) of Colo. RPC 1.5(b) and 1.15(a) regarding the requirements that the basis or rate of fee be communicated in writing, and that an accounting be promptly provided to the client upon request. Based upon the discovery performed to date, and as part of the stipulation and agreement containing Respondentls conditional admission of misconduct, the complainant moves that these alleged violations of the Colorado Rules of Professional Conduct be dismissed.

Pursuant to C.R.C.P. 251.32, Respondent agrees to pay costs in the amount of $824.99 (a copy of the statement of costs is attached hereto as Exhibit B) incurred in conjunction with this matter within thirty (30) days after acceptance of the stipulation by the Presiding Disciplinary Judge, made payable to Colorado Supreme Court Attorney Regulation Offices. Respondent agrees that statutory interest shall accrue ten (10) days from the date that the Presiding Disciplinary Judge accepts this stipulation. Should Respondent fail to make payment of the aforementioned costs and interest within (30) days, Respondent specifically agrees to be responsible for all additional costs and expenses, such as reasonable attorney fees and costs of collection incurred by the complainant in collecting the above stated amount. The complainant may amend the amount of the judgment for the additional costs and expenses by providing a motion and bill of costs to the Presiding Disciplinary Judge, which identifies this paragraph of the stipulation and Respondent's default on the payment.

1. This stipulation is premised and conditioned upon acceptance of the same by the Presiding Disciplinary Judge. If for any reason the stipulation is not accepted without changes or modification, then the admissions, confessions, and stipulations made by Respondent will be of no effect. Either party will have the opportunity to accept or reject any modification. If either party rejects the modification, then the parties shall be entitled to a full evidentiary hearing; and no confession, stipulation, or other statement made by Respondent in conjunction with this offer to accept discipline of suspension for nine (9) months, stayed upon successful completion of a two year probation, with conditions may be subsequently used. If the stipulation is rejected, then the matter will be heard and considered pursuant to C.R.C.P. 251.18.
2. The Office of Attorney Regulation Counsel has notified or will notify shortly after the parties sign this agreement, the complaining witness(es) in the matter(s) of the proposed disposition.
3. Respondent's counsel, John M. Richilano, hereby authorizes Respondent, John A. Berman, and the non-lawyer individual in the Office of Attorney Regulation Counsel who is responsible for monitoring the conditions set forth herein to cornmunicate directly concerning scheduling and administrative issues or questions. Respondent's counsel will be contacted concerning any substantive issue that may arise.

PRIOR DISCIPLINE

1. Respondent has a record of private discipline which is attached, but filed under seal. If this stipulation is approved by the Presiding Disciplinary Judge, Respondent's prior discipline shall be unsealed and shall become a matter of public record.

ANALYSIS OF DISCIPLINE

Pursuant to American Bar Association Standards for Imposing Lawyer Sanctions 1991 and Supp. 1992 ("ABA Standards"), 53.0, the Court should consider the following factors generally:

1. The duty violated: Duty of trust with a client, which includes respecting a female client's physical boundaries.
2. The lawyer's mental state: Respondent knowingly touched his client in a manner that was offensive to her.
3. The actual or potential injury caused by the lawyer's misconduct was harm to his client's mental health and damage to the integrity of the profession.
4. The existence of aggravating or mitigating factors: Factors in aggravation which are present include: prior disciplinary offense, vulnerable victim and substantial experience in the practice of law, ABA Standards {9.22(a), (h) and (i). Factors in mitigation include: remoteness of prior disciplinary offense, ABA Standards 59.32(m).
5. Pursuant to ABA Standard 7.2, suspension is appropriate when a lawyer knowingly engages in conduct that is a violation of a duty owed to the profession, and causes injury or potential injury to the client, the public or the legal system.
6. In People v. Egbune, 971 P.2d 1065 (Colo. 1999), an attorney was suspended for one year and one day for misconduct including making sexual advances upon the client on multiple occasions. The hearing board determined the respondent's conduct violated the third degree sexual assault statute, and thus RPC 8.4(b). In People v. Martin, 897 P.2d 802 (Colo. 1995), an attorney was suspended for one year and one day after he pled guilty to, and was convicted of, third-degree sexual assault of a client. The client testified that the attorney initiated unwanted sexual contact with her, although she repeatedly told him to stop, and that she finally escaped and ran from his office. In People v. Crossman, 850 P.2d 708 (Colo. 1993), an attorney was suspended for one year and one day for his sexual misconduct in three separate matters. His misconduct violated DR 1-102(A)(6) (a lawyer shall not engage in conduct that adversely reflects on the lawyer's fitness to practice law) (previous counterpart to Colo. RPC 8.4(h)), DR I-IOI(A) (except with the consent of the client after full disclosure, a lawyer shall not accept employment if the exercise of the lawyer's professional judgment on behalf of the client will be or reasonably may be affected by the lawyer's own financial, business, property, or personal interests) (previous counterpart to Colo. RPC 1.7), and C.R.C.P. 241.6(5) (any act or omission violating the criminal laws of a state or of the United States constitutes grounds for lawyer discipline).
7. Considering all of the factors described above, as applied to this case, suspension for nine months with the requirement of a petition for reinstatement, all stayed upon successful completion of a two-year probation with conditions, is an appropriate sanction. Respondent meets the eligibility requirements for probation set forth in C.R.C.P. 251.7(a).

CONDITIONS

1. The parties stipulate that Respondent is eligible for probation pursuant to C.R.C.P. 251.7(a). Successful completion of all these terms shall stay the imposition of the nine month suspension.
   1. Respondent shall be on probation for a two (2)-year period of time.
   2. Mandatory Rule Condition. During the period of probation, Respondent shall not engage in any further violation of the Colorado Rules of Professional Conduct. See C.R.C.P. 251.7(b) ("The conditions [of probation]. . . shall include no further violations of the Colorado Rules of Professional Conduct").
   3. Respondent shall attend and successfully pass the one-day ethics school sponsored by the Office of Attorney Regulation Counsel within one year of the date this stipulation is approved. Respondent shall register and pay the costs of ethics school within thirty (30) days of the date this stipulation is approved. Attendance at ethics school will count as 8 general CLE credits, including 7 ethics credits. Respondent may obtain the registration form for the ethics school on-line at coloradosupremecourt.com, "Ethics School." Instructions for registering are on the registration form.
   4. Respondent shall undergo an independent medical examination ("1Tv1E") with a professisonal approved by OARC. The ME shall be scheduled within 60 days of the court order accepting the stipulation. As a further condition of his probation, Respondent shall abide by the recommendations concerning treatment as outlined in the lb/1E. Respondent shall execute a written authorization to release medical information, including the INIE report and recommendations, as well as a release authorizing OARC to confirm that Respondent is following said recommendations. Respondent shall also be responsible for all costs of evaluation, treatment and supervision incurred as part of any condition of this probation. Failure to pay these costs prior to termination of probation shall constitute a violation of the probation.
2. Violation of Conditions. If, during the period of probation, the Office of Attorney Regulation Counsel receives information that any condition may have been violated, the Regulation Counsel may file a motion with the Presiding Disciplinary Judge specifying the alleged violation and seeking an order that requires the attorney to show cause why the stay should not be lifted and the sanction activated for violation of the condition. See C.R.C.P. 25L7(e). The filing of such a motion shall toll any period of suspension and probation until final action. Id. Any hearing shall be held pursuant to C.R.C.P. 25L7(e). When, in a revocation hearing, the alleged violation of a condition is Respondent's failure to pay restitution or costs, the evidence of the failure to pay shall constitute prima facie evidence of a violation. Id. Should Respondent's probation be revoked, Respondent will be subject to a nine month suspension with the requirement that he petition for reinstatement pursuant to C.R.C.P. 215.29(c).
3. Successful Completion of Conditions. Within thirty days and no less than fifteen days prior to the expiration of the period of probation, Respondent shall file an affidavit with the Regulation Counsel stating that Respondent has complied with all terms of probation and shall file with the Presiding Disciplinary Judge notice and a copy of such affidavit and application for an order showing successful completion of the period of probation. See C.R.C.P. 251.7(f). Upon receipt of this notice and absent objection from the Regulation Counsel, the Presiding Disciplinary Judge shall issue an order showing that the period of probation was successfully completed. [d. The order shall become effective upon the expiration of the period of probation. Id.

RECOMMENDATION FOR AND CONSENT TO DISCIPLINE

Based on the foregoing, the parties hereto recommend that a John A. Berman, with conditions as described above, be imposed upon Respondent. Respondent consents to the imposition of discipline of a nine month suspension with the requirement of reinstatement, stayed pending successful completion of probation for two years. The parties request that the Presiding Disciplinary Judge order that the effective date of such discipline be immediate.

John A. Berman, Respondent; John M. Richilano, attorney for Respondent; and Elizabeth E. Krupa, attorney for the complainant, acknowledge by signing this document that they have read and reviewed the above and request the Presiding Disciplinary Judge to accept the stipulation as set forth above.

166 Lincoln, Ste 1750

jab@jaberman.com

STATE OF COLORADO )

COUNTY OF

Notary Pu

Subs ribed and sworn to before me this             day of m 20Åla by respondent.

Witness my hand and official seal.

My commission expires:

Assistant Regu •on-Q el               Ric ilano Shea LLC

1560 Broadway, Suite 1800 1800 15th street, Suite 101

Denver, Colorado 80202           Denver, CO 80202

(303) 866-6583                                (303)893-8000

Attorney for Complainant                   Attorney for Respondent

SUPREME COURT, STATE OF COLORADO

ORIGINAL PROCEEDING IN DISCIPLINE BEFORE

THE PRESIDING DISCIPLINARY JUDGE

1560 Broadway, Suite 675 Denver, Colorado 80202

Complainant:

THE PEOPLE OF THE STATE OF COLORADO

Respondent:

JOHN A. BERMAN

Elizabeth Espinosa Krupa, # 26028

Regulation Counsel

John S. Gleason, #15011 Regulation Counsel

Attorneys for Complainant

1560 Broadway, Suite 1800

Denver, Colorado 80202

Telephone: (303) 866-6400, ext. 6588

Fax No.: 303 893-5302

FLED

OCT 1 3 2011

PRESIDING DISCIPLINARY JUDGE

SUPREME COURT OF COLORADO

ACOURT USE ONLY A

Case Number:

1 1 PDJ 0 7 8

COMPLAINT

THIS COMPLAINT is filed pursuant to the authority of C.R.C.P. 251.9 through 251.14, and it is alleged as follows:

Jurisdiction

Respondent has taken and subscribed the oath of admission, was admitted to the bar of this court on October 6, 1975 and is registered upon the official records of this court, registration no. 06695. He is subject to the jurisdiction of this court in these disciplinary proceedings. Respondent's registered business address is 1660 Lincoln Street, Suite #1750, Denver, CO

80264.

General Allegations

The Maureen Lovell Matter

1, In May or June of 2010, Maureen Lovell hired Respondent to represent her and her husband in the filing of a bankruptcy. She and her husband, Mathew Lovell, were in the process of dissolving their marriage.

EXHIBIT A

Finalizing their bankruptcy was important to complete before they could finalize the divorce.

1. Lovell's divorce attorney had referred Complainant to Respondent.
2. Lovell first met with Respondent, alone, in June 2010.
3. At the meeting, Respondent complimented her skin and stroked her face with the back of his hand.
4. AL the next meeting Ms. Lovell was accompanied by her husband. Respondent asked Ms. Lovell to stay behind after dismissing her husband.
5. Respondent again stroked Ms. Lovell's face and told her she was beautiful.
6. On July 28, 2010, Ms. Lovell and her husband again met with Respondent.
7. As they were walking back to a room to review documents, Ms. Lovell was intercepted by Respondent.
8. Facing her, Respondent placed his thumbs under Ms. Lovell's breasts and his index finger along the outside of her breasts and lifted up.
9. After that, the Respondent left Ms. Lovell and her husband to continue to review documents.

At the end of that meeting, Respondent again said he wanted to speak with Ms. Lovell alone.

1. Respondent tried to kiss Ms. Lovell on the lips but she turned her head in avoidance causing Respondent to kiss her cheek.
2. Lovell's husband witnessed this interaction.
3. The Lovells devised a plan in which at any future meeting, Mr. Lovell would stay between Ms. Lovell and Respondent to ward off any advance.
4. On August 3, 2010, at the Lovell's 341 hearing, Mr. Lovell sat bevvveen Respondent and Ms. Lovell as they took their seats.
5. Respondent then switched places with the other client so that he was sitting next to Ms. Lovell.
6. During the hearing Respondent brushed Ms. Lovell's arm with his fingers, touched her knee once or twice and moved her hair away from her face with his hand.
7. After the bankruptcy was discharged, Ms. Lovell told her divorce attorney what had happened.
8. Lovell was afraid to report the advances by Respondent to any authority for fear that he would jeopardize the bankruptcy or charge additional attorney's fees.

CLAIM 1

[Conduct That Directly, Intentionally, and Wrongfully Harms

Others and Adversely Reflects on Lawyer's Fitness to Practice Law — Colo. RPC

1. Paragraphs 1 through 19 are incorporated herein.

21, Colo. RPC 8.4(h) provides it is professional misconduct for a lawyer to engage in any conduct that directly, intentionally* and wrongfully harms others and that adversely reflects on a lawyer's fitness to practice law.

1. Respondent's sexual advances caused Ms. Lovell significant emotional harm and violated her trust in her attorney.
2. Respondent's conduct was motivated by his own self interest, harmful and objectively offensive in violation of Colo. RPC 8.4(h).
3. By such conduct, Respondent violated Colo. RPC 8.4(h).
4. WHEREFORE, the complainant prays at the conclusion hereof.

The Scott Jenkins Matter

1. In March 2009, Scott Jenkins aunt died and her will designated Mr. Jenkns as her personal representative.
2. Upon belief that he had authorization to do so, Mr. Jenkins began to liquidate some of his aunt's assets.
3. Jenkins cashed CDs and wrote to others named in the will asking whether they wanted the stock and other financial instruments that were left to them, or the cash value of those assets.
4. Shortly thereafter, Mr. Jenkins sold the stock to his mother. Despite his assertion that all of the assets had named beneficiaries and were 'payable on death," this was not the case — some of the assets belonged to the estate.
5. Jenkins' cousin hired counsel who filed a petition for removal and appointment of a special administrator on October 19, 2009.
6. On October 23, 2009, Mr. Jenl
7. Jenkins and Respondent discussed the case. Respondent told Mr. Jenkins that he could represent him, his rate was $275,00 an hour, and that he would need a $5000.00 retainer to take the case.
8. Respondent was retained by Mr. Jensen on November 9, 2009. Respondent did not provide a written statement concerning the basis or rate of the fee he was charging.
9. On November 24, 2009, Respondent filed his entry of appearance and a motion to vacate a hearing that was set for January.
10. On December 4, 2009, without a hearing, the judge appointed a special administrator.
11. On December 1 1, 2009, Respondent filed a forthwith motion for reconsideration.
12. Opposing counsel filed a response and Respondent prepared and filed a reply dated January 19, 2010.
13. On January 19, the special administrator requested the return of $168,000 that Mr. Jenkins had taken from the Estate.
14. The special administrator threatened a contempt action if the assets were not returned.
15. Jenkins and Respondent communicated regarding the return of the assets and the possible contempt.
16. In June of 2010* Mr. Jenkins was served with a show cause order in the probate case. Mr. Jenkins hired other counsel to handle the criminal contempt matter.
17. On or about June 2010, Mr. Jenkins requested a detailed accounting of the retainer he paid to Respondent.
18. Respondent failed to timely provide the requested accounting.

CLAIM 11

[Failure to Provide Written Communication of the Basis or Rate of the Fee - Colo. R.pc

1. Paragraphs 26 through 43 are incorporated herein as if fully set forth.
2. RPC 1.5(b) provides when the lawyer has not regularly represented the client, the basis or rate of the fee and expenses shall be communicated to the client, in writing, before or within a reasonable time after commencing the represen tation.
3. Respondent did not prepare any writing that outlined the basis or rate of the fee before or within a reasonable time after commencing the representation of Mr. Jenkins. Respondent had not previously represented this client.
4. By such conduct, Respondent violated Colo. RPC 1.5(b). WHEREFORE, the complainant prays at the conclusion hereof.

CLAIM 111

(Failure to Promptly Render an Accounting upon Request by

Client of Funds in Which Client has an Interest -- Colo. RPC 1.1S(a))

1. Paragraphs 26 through 43 are incorporated herein as if fuliy set forth.
2. RPC 1.15(b) provides that upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly upon request by the client or third person, render an accounting regarding such property.
3. By failing to promptly péovide an accounting of his retainer upon request by his client, Respondent violated Rule 1.1.5(b).
4. Respondent's conduct in violation of Rule L.15(b) caused actual and/or potential injury to his client, the seriousness of which will be determined at hearing.
5. By such conduct, Respondent violated Colo. RPC 1. 15(b).

WHEREFORE, the complainant prays at the conclusion hereof.

WHEREFORE, the people pray that Respondent be found to have engaged in misconduct under C.R.C.P. 251.5 and the Colorado Rules of Professional Conduct as specified above; Respondent be appropriately disciplined for such misconduct; Respondent: be required to refund fees to the client, and/or the client protection fund pursuant to C.R.C.P. 252.14(b); Respondent be required to take any other remedial action appropriate under the circumstances; and Respondent be assessed the costs of this proceeding.

DATED this  of October, 2011.

Respectfully submitted,

Elizabeth Espinosa Krupa, #26028

Assistant Regulation Counsel

John S. Gleason, #15011

Regulation Counsel

Attorneys for Complainant

Amount Due

824.99

Statement of Costs

John A. Berman

11PDJ078/10-03948

10-02641

4/20/2011

Investigator Travel Expenses

25.69

1/26/2012

Process Service

85.00

1/31/2012

Deposition/Lovell

441.20

2/22/2012

Certified Transcript Copy

182.10

4/24/2012

Administrative Fee

91.00

EXHIBIT B

DESCRIPTION

AMOUNT

    COLORADO V J.     BERMAN                      JAN 3 0 2012

ARVADA, CO

    Service Fee                     

RUSH service

Location of good service address

NOTE : SERVER CALLED LOWELL IN ADVANCE & MADE

ARRANGEMENTS FOR SERVICE @ THE MCDONALD'S @ THE WADSWORTH ADDRESS ABOVE .

f/'4Z93ö7dd4JU

45. 00

20.00

20 . 00

TOTAL

$85.00

QUANTITY

ITEM

DESCRIPTION

RATE

AMOUNT

92

2

4

1

1

Depo ARC

Exhibits

Index Tabs

AF - HalfDay

0+1 Delivery

Deposition ofMAITEÆW JANÆS

LOVELL

Original Transcript Preparation

January 31, 2012

Exhibit Copying

Index Tabs

Appearance Fee - Half Day

Delivery (Original and copy)

3.75

0.30

0.15

75.00

20.00

900/

345.00

0.60

0.60

75.00

20.00

Interest will be charged at the rate of 1.5% per month on any amount not paid within 30 days.

Total                                        $441.20

DATE

INVOICE #

2/10/2012

/

                       INVOICE

BILL TO:

RE:

ELIZABETH ESPINOSA KRUPA, ESQ.

Office of Attorney Regulation Counsel

1560 Broadway

Suite 1800

Denver, Colorado 80202

People v. John A. Berman

Supreme Court, State of Colorado

Original Proceeding in Discipline Before the Presiding Disciplinary Judge Case No. 1 IPDJ078

DUEDATE

REPORTER

SHIP DATE

SHIP VIA

3/10/2012

ES

2/10/2012

UPS

0

Invoice

120215EL

./flunter Geist, I

                                                                                                          02115/2012

/ goo Grant Street

0215J20f2

Suite 1025

                                                                                        0B Ref.*                                                                                Invoice #:                                                                          88604 |

Denver, CO 80203

                                                                                    Date of Loss :                                                                                          1 1                                                                            Inv.Date:                                                                           

           Phone: (303) 832-5966                (303) 832-9525     Your

                                                                                                                                                                         Balance:                                                                              $182.10

Your Client: Tha People of the State

Bill To:

Elizabeth E. Krupa, Esq.

Off]ce of Attorney Regulation

1560 Broadway

Suite *1800

Denver, CO 80202

Action: People of the State of Colorado vs

Berman, John A.

Action #: 11 PDJ078

Rep: Ellie Liebenow

Cert:

Item

ProceedIngfWitness

Description

Amount

2

3

'4

Maureen Riordon

Maureen Rlordon Maureen Nordon

Maureen Riordon

Certified Transcript

E-Transcrlpt Files

Scanned Exhibits

Word           - NO CHARGE

$165.90

$15.00

$1.20

$0.00

Comments:

Thank you so much for your bisiness. We truly appreciate it]

Sub Total Shipping

Tax

Totaf Involce

Payment

Balance Due

$0.00

NIA

$0.00

Federal Tax I.D.: 84äOB35207

Terms: Net30 Days

$182.10

People v. John AZZan Berman

Case No. 11PDJ078

PRIOR DISCIPLINE (FILED UNDER SEAL)

Letter of Admonition dated October 20, 1994.

                                                   GRIEVANCE COMMITTEE                                                                                     

                                                               SUPREME COURT  STATE OF COLORADO

600 - 17th Street, suite 920 S

Denver, CO 80202-5435 (303) 893-3393

October 20 r 1994

PERSONAL AND CONFIDENi11 1AL

CERTIFIED MAIL NO: Z .105 872 620 RETURN RECEIPT REQUESTED

John Alan Berman, Esq. 1660 Lincoln Street, #1700

Denver, Colorado 80264

People v. Berman, GC 93B-2

Dear Mr. Berman:

The Inquiry Panel of the Supreme Court Grievance Committee has considered the request for investigation filed by Homer and Joyce Griffin and has concluded that you should be disciplined by this letter of admonition.

After being advised by the Griffins that they wished to retain the property, you failed to adequately advise them that the transaction which occurred in your office was an assignment of the Certificate of Purchase, not a redemption. You further failed to adequately communicate to the Griffins regarding their rights and nature of the transfer of the Certificate of Purchase. This conduct violated DR6-101(A) (3) (neglect of a legal matter) .

Harsher discipline is not imposed due to the settlement reached in the civil lawsuit brought against you by the Griffins which compensated them for the difference in the value of the land as opposed to the amount they received for the Certificate of Purchase.

You are admonished to avoid such conduct in the future .

This letter of admonition will become part of your disciplinary record. If you should again be found to have violated the Code of Professional Responsibility or the Rules of Professional Conduct, this letter of admoqition will be considered by the Grievance Committee as an aggravating factor with respect to disciplinary sanctions .

Costs in the amount of $72.92 have been imposed and are due within thirty days of the date of this letter.   Sincerely,

GRIEVANCE  OF THE COLORADO SUPREME COURT  

By :

Robert B. Emerson, Chair

KBP/pp cc: Homer and Joyce Griffin

i)

SUPREME COURT, STATE OF COLORADO

ORIGINAL PROCEEDING IN DISCIPLINE BEFORE

THE OFFICE OF THE PRESIDING DISCIPLINARY JUDGE

1560 BROADWAY, SUITE 675 DENVER, CO 80202

Complainant:

THE PEOPLE OF THE STATE OF COLORADO

Respondent:

JOHN A. BERMAN

Case Number:

1 IPDJ078

ORDER APPROVING CONDITIONAL ADMISSION OF NHSCONDUCT AND IMPOSING SANCTIONS PURSUANT TO C.R.C.P. 251.22

This matter is before the Presiding Disciplinary Judge ("the Court") on a "Stipulation, Agreement, and Affidavit Containing the Respondent's Conditional

Admission of Misconduct" filed by Elizabeth Espinosa Krupa, Office of Attorney Regulation Counsel ("the People"), and John M. Richilano, counsel for John A. Berman ("Respondent"), on May 10, 2012. In this stipulation, the parties waive their right to a hearing under C.R.C.P. 251.22(c).

m-ne Court, having reviewed the case file and the stipulation, and being fully advised of the issues presented, ORDERS the following:

1. The stipulation is accepted and approved.
2. JOHN A, BERMAN, Attorney Registration No. 06695, is SUSPENDED from the practice of law for a period of NINE MONTHS, ALL STAYED upon the successful completion of a TWO-YEAR period of subject to the conditions set forth in the stipulation, summarized below:
   1. Mandatory Rule Condition. During the period of probation, Respondent shall not engage in any further violation of the Colorado Rules of Professional Conduct. See C.R.C.P. 251.7 (b) ("The conditions [of probation] shall include no further violations of the Colorado Rules of Professional Conduct").
   2. Respondent shall attend and successfully pass the one-day ethics school sponsored by the People within one year of the date of this order, and pay all costs associated therevnth. Respondent shall register for and pay the costs of ethics school within 30 days of the date of this order.
   3. Respondent shall undergo an independent medical examination ("IMD") TMth a professional approved by the People. The IME shall be scheduled within 60 days of this order. As a further condition of his probation, Respondent shall abide by the recommendations concerning treatment as outlined in the IME. Respondent shall execute a written authorization to release medical information, including the IME report and recommendations, as well as a release authorizing the People to confirm that Respondent is following said recommendations. Respondent shall also be responsible for all costs of evaluation, treatment and supervision incurred as part of any condition of this probation. Failure to pay these costs prior to termination of probation shall constitute a violation of the probation.
   4. Violation of Conditions. If, during the period of probation, the People receive information that any condition may have been violated, the People may file a motion with the Court specifying the alleged violation and seeking an order that requires the attorney to show cause why the stay should not be lifted and the sanction activated for violation of the condition. See C.R.C.P. 251.7 (e). The filing of such a motion shall toll any period of suspension and probation until final action. Id. Any hearing shall be held pursuant to C.R.C.P. 251.7(e). When, in a revocation hearing, the alleged violation of a condition is the Respondent's failure to pay restitution or costs, the evidence of the failure to pay shall constitute primafacie evidence of a violation. Id.
   5. Successful Completion of Conditions. Within 28 days and no less than 14 days prior to the expiration of the period of probation, Respondent shall file an affidavit with the People stating that Respondent has complied with all terms of probation and shall file with the Court notice and a copy of such affidavit and application for an order showing successful completion of the period of probation. l See C.R.C.P. 251.7(f). Upon receipt of this notice and absent objection from the People, the Court shall issue an order showing that the period of probation was successfully completed. Id. The order shall become effective upon the expiration of the period of probation. Yd.
3. Pursuant to C.R.C.P. 251.32, Respondent shall pay costs incurred in conjunction with this matter in the amount of $824.99 within 30 days of the date of this order. Costs are payable to the Colorado Supreme Court

1 The Court notes that 20 in the stipulation contains a citation to the time periods set forth in C.R.C.P. 251.7 (f) (2011). However, these time periods have been modified, effective January 1, 2012, by the Colorado Supreme Court. Respondent SHALL adhere to the time frames set forth in C.R.C.P. 251.70 (2012) and E of this order.

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Attorney Regulation Offices. Statutory interest shall accrue 10 days from the date of this order. Should Respondent fail to make payment of the aforementioned costs and interest within 30 days, Respondent shall be responsible for all additional costs and expenses, including reasonable attorney's fees, incurred by the People in collecting the above-stated amount. The People may amend the amount of the judgment for additional costs and expenses by providing a motion and bill of costs to the Court.

1. The hearing set for June 11 to 12, 2012, is VACATED.

THIS ORDER IS ENTERED THE ll th DAY OF MAY, 2012. THE EFFECTIVE DATE OF THE PROBATION IS THE 11th DAY or MAY, 2012.

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Respondent's Counsel

John M. Richilano 1800 15th Street, Ste. 101 Denver, CO 80202 jmr@richilanoshea.com   Via Email

Office of Attorney Regulation Counsel

Elizabeth Espinosa Krupa

1560 Broadway, Suite 1800 Denver, CO 80202

e.krupa@csc.state.co.us                                        Via Email

American Bar Association c/o Nadine Cignoni

Office of Attorney Regulation Counsel

1560 Broadway, Suite 1800 Denver, CO 80202

n.cignoni@csc.state.co.us       Via Email

Board of Continuing Legal Education

Karen Bradley, Assistant Executive Director

1560 Broadway, Suite 1820 Denver, CO 80202 karen.bradley@clestate.co.us Via Email

Colorado Attorney Registration

Elvia Mondragon 1560 Broadway, Suite 1810 Denver, CO 80202 elvia.mondragouQjudicial. state. co. us

Via Email

Colorado Bar Association Charles Turner, Executive Director

1900 Grant Street, Suite 950 Denver, CO 80203-4309 cturner@cobar.org Via Email

Colorado Supreme Court

Christopher T, Ryan

101 West Colfax Avenue, Suite 800 Denver, CO 80202 heather. etercarroll@udicial.state.co.us; liz.cunningham@j udicial. state. co. us; Iyan.kubiak@judicial.state.co.us Via Email

IRS, Office of Professional Responsibility

Attn: Kathy Gibbs

Washington, DC 20224 kathy.a.gibbs@irs.gov     Via Email

Martindale Hubbell Law Directory

Attn: Michel Hild, Rating Consultant

PO Box 31

New Providence, NJ 07974 disciplineryaction@lexisneäs.com Via Email

Metro Lawyer Referral Service 3000 South Jamaica Court, Suite 120 Aurora, CO 80014 lai.vyers@mlrsonline.org         Via Email

Supreme Court of the United States

Perry Thompson, Admissions Office

1 First Street Northeast Washington, D.C. 20543 pthompson@supremecourt.gov tadmit@su remecourt. ov Via Email

United States Bankruptcy Court

Brad Bolton

721        Street, Room 117

Denver, CO 80202-2508

Via Email

United States Court of Appeals for the Tenth Circuit

Byron White United States Courthouse

1823 Stout Street Denver, CO 80257 disciplinary.orders@ca I O. uscourts. gov

Via Email

United States District Court,

District of Colorado

Alfred A. Arraj U.S. Courthouse

Mark Fredrickson, Atty Services Coordinator

901 19th Street, Room A-105 Denver, CO 80294-3589 mark fredrickson@cod.uscourts.gov edward_butler@cod.uscourts.gov

Via Email

United States Department of Justice,

Executive Office of Immigration Review

Jennifer J. Barnes, Disciplinary Counsel

5107 Leesburg Pike, Suite 2600 Falls Church, VA 22041 shelia.williams@usdoj.gov         Via Email