Last year, a lawyer who was disbarred in Washington, D.C., for mishandling a class-action settlement has argued in front of the Colorado Supreme Court that references to his ‘intentional’ misconduct could simply imply recklessness. As a result, he posits, his disbarment shouldn’t prevent him from practicing in Colorado.
The lawyer’s novel defense hinges on his interpretation of the term ‘intentional’ and implies a distinction between ‘deliberate’ misconduct and ‘reckless’ behavior. His disbarment in Washington, D.C., followed significant mishandlings of a class-action settlement, which were described by the D.C. court as ‘intentional.’
If successful, this case could potentially spark discussions about the definitions and interpretations of legal terminology and their implications for disciplinary action within the legal profession.
Additional details of the case can be found in the original report provided by
Law360.