SUPRE1v1E COURT, STATE OF COLORADO FlLED

MAY 1 t 2012
ORIGNAL PROCEEDNG m DISCIPLNE
DISCIPLINARY
BEFORE THE PRESIDNG DISCIPLmARY JUDGE SUPREME COURT OF COLORADO
1560 Broadway, Suite 675
Denver, Colorado 80202
A COURT USE ONLY A
Complainant:
THE PEOPLE OF THE STATE OF COLORADO Case Number:

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
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:

a. 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.

b. During Respondent's representation of Ms. Lovell* Respondent

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

2
 C. 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.

d. 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).

8. 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 Respondent ls
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.

10. 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.

11. 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.

12. 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

3
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

13. 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:

a. The duty violated: Duty of trust with a client, which includes respecting a female
client's physical boundaries.

b. The lawyer's mental state: Respondent knowingly touched his client in a manner
that was offensive to her.

c. 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.

d. 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).

15. 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.

16. 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

4
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).

17. 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

18. Probation. 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.

a. Respondent shall be on probation for a two (2)-year period of time.

b. 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").

c. 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 www.coloradosupremecourt.com, "Ethics School." Instructions for
registering are on the registration form.

d. 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

5
 of any condition of this probation. Failure to pay these costs prior to termination
of probation shall constitute a violation of the probation.

19. 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).

20. 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.

6
 166 Lincoln, Ste
1750

jab@jaberman.com

enver, CO 80202
(303)832-7645
STATE OF COLORADO )

COUNTY OF

Subs ribed and sworn to before me this day of m

20Åla by respondent.

Witness my hand and official seal.

My commission expires:

Notary Pu

chilano
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

7
SUPREME COURT, STATE OF COLORADO FLED
OCT 1 3 2011
ORIGINAL PROCEEDING IN DISCIPLINE BEFORE PRESIDING DISCIPLINARY
THE PRESIDING DISCIPLINARY JUDGE JUDGE
1560 Broadway, Suite 675 SUPREME COURT OF COLORADO

Denver, Colorado 80202

Complainant: ACOURT USE ONLY

THE PEOPLE OF THE STATE OF A
COLORADO
Respondent: Case Number:
JOHN A. BERMAN

Elizabeth Espinosa Krupa, # 26028 1 1 PDJ 0

Regulation Counsel
John S. Gleason, #15011 7 8
Regulation Counsel
Attorneys for Complainant
1560 Broadway, Suite 1800
Denver, Colorado 80202
Telephone: (303) 866-6400, ext. 6588
Fax No.: 303 893-5302

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.

2. Ms. Lovell's divorce attorney had referred Complainant to

Respondent.

3. Ms. Lovell first met with Respondent, alone, in June 2010.

4. At the meeting, Respondent complimented her skin and stroked her

face with the back of his hand.

5. AL the next meeting Ms. Lovell was accompanied by her

husband. Respondent asked Ms. Lovell to stay behind after dismissing
her husband.

6. Respondent again stroked Ms. Lovell's face and told her she was
beautiful.

7. On July 28, 2010, Ms. Lovell and her husband again met with
Respondent.

8.As they were walking back to a room to review

documents, Ms. Lovell was intercepted by Respondent.
9. Facing her, Respondent placed his thumbs under Ms. Lovell's
breasts and his index finger along the outside of her breasts and lifted up.

10. 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.

12. Respondent tried to kiss Ms. Lovell on the lips but she turned
her head in avoidance causing Respondent to kiss her cheek.

13. Ms. Lovell's husband witnessed this interaction.

14. 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.

15. On August 3, 2010, at the Lovell's 341 hearing, Mr. Lovell sat bevvveen
Respondent and Ms. Lovell as they took their seats.

16. Respondent then switched places with the other client so that he was
sitting next to Ms. Lovell.

2
 During the hearing Respondent brushed Ms.
17.
Lovell's arm with his fingers, touched her knee once or
twice and moved her hair away from her face with his hand.

After the bankruptcy was discharged, Ms.

18.
Lovell told her divorce attorney what had happened.

19. Ms. 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
20. 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.

22. Respondent's sexual advances caused Ms. Lovell significant emotional

harm and violated her trust in her attorney.

23. Respondent's conduct was motivated by his own self interest, harmful
and objectively offensive in violation of Colo. RPC 8.4(h).

24. By such conduct, Respondent violated Colo. RPC 8.4(h).

25. WHEREFORE, the complainant prays at the conclusion hereof.

The Scott Jenkins Matter

26. In March 2009, Scott Jenkins aunt died and her will
designated Mr. Jenkns as her personal representative.

27. Upon belief that he had authorization to do so, Mr. Jenkins began to
liquidate some of his aunt's assets.

28. Mr. 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.

29. 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.

3
 30. Mr. Jenkins' cousin hired counsel who filed a petition for
removal and appointment of a special administrator on October 19, 2009.

31. On October 23, 2009, Mr. Jenl<ins met Respondent in the

Arapahoe County courthouse while he was filing his answer.

32. Mr. 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.

33. 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.

34. On November 24, 2009, Respondent filed his entry of

appearance and a motion to vacate a hearing that was set for January.

35. On December 4, 2009, without a hearing, the judge appointed a

special administrator.

36. On December 1 1, 2009, Respondent filed a

forthwith motion for reconsideration.
37. Opposing counsel filed a response and Respondent prepared and
filed a reply dated January 19, 2010.

38. On January 19, the special administrator requested the return

of $168,000 that Mr. Jenkins had taken from the Estate.

39. The special administrator threatened a contempt action if the

assets were not returned.

40. Mr. Jenkins and Respondent communicated regarding the

return of the assets and the possible contempt.

41. 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.

42. On or about June 2010, Mr. Jenkins requested a detailed

accounting of the retainer he paid to Respondent.

43. 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
44. Paragraphs 26 through 43 are incorporated herein as if fully set forth.

4
 45. Colo. 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.

46. 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.

47. 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))
56. Paragraphs 26 through 43 are incorporated herein as if fuliy set forth.

57. Colo. 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.

58. By failing to promptly péovide an accounting of his retainer upon request by his client,
Respondent violated Rule 1.1.5(b).

59. 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.

60. 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

5
 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
Amount Due 824.99
EXHIBIT B
 DESCRIPTION AMOUNT

COLORADO - 1-1PDJOi8

MATNEW
COLORADO V J. BERMAN JAN 3 0 2012
ARVADA, CO
45. 00
Service Fee 20.00
RUSH service 20 . 00
Location of good service address

NOTE : SERVER CALLED LOWELL IN ADVANCE & MADE

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

f/'4Z93ö7dd4JU
TOTAL
$85.00
QUANTITY ITEM DESCRIPTION RATE AMOUNT
92 Depo ARC Deposition ofMAITEÆW JANÆS 3.75 345.00
LOVELL
Original Transcript Preparation
January 31, 2012
2 Exhibits 0.30 0.60
Exhibit Copying
Index Tabs 0.15 0.60
4 Index Tabs
AF - HalfDay Appearance Fee - Half Day 75.00 75.00
1 0+1 Delivery Delivery (Original and copy) 20.00 20.00
1

900/
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, People v. John A. Berman
ESQ. Supreme Court, State of Colorado
Office of Attorney Regulation Counsel Original Proceeding in Discipline
1560 Broadway Before the Presiding Disciplinary
Suite 1800 Judge Case No. 1 IPDJ078
Denver, Colorado 80202

SHIP SHIP
DUEDATE REPORTER
DATE VIA
0 3/10/2012 ES 2/10/2012 UPS
 120215EL
+
./flunter Invoice
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: Action: People of the State of

Elizabeth E. Krupa, Esq. Colorado vs
Off]ce of Attorney Regulation Berman, John A.
1560 Broadway Action #: 11 PDJ078
Suite *1800
Rep: Ellie Liebenow
Denver, CO 80202 Cert:
Item ProceedIngfWitness Description Amount
2 Maureen Riordon Certified Transcript $165.90
3 Maureen Rlordon E-Transcrlpt Files $15.00
'4 Maureen Nordon Scanned Exhibits $1.20
Maureen Riordon Word - NO CHARGE $0.00

Comments: Sub Total

Shipping $0.00
Thank you so much for your bisiness. We truly appreciate it] Tax NIA
Totaf Involce
Payment $0.00
Federal Tax I.D.: 84äOB35207 Terms: Net30 Days Balance Due $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: Case Number:

JOHN A. BERMAN 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:
A. 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").
B. 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.
C. 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.
D. 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.
E. 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.

2
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.
4. 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.

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
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
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
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;
3
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
Via Email PO Box 31
New Providence, NJ 07974
disciplineryaction@lexisneäs.com Via
Email
Metro Lawyer Referral Service 3000 South
Jamaica Court, Suite 120 Aurora, CO
Via Email 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
Via Email 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