On Wednesday, March 15, 2023, the Presiding Disciplinary Judge of the Supreme Court of Colorado suspended attorney Molly Falk Janses for her failure to inform her clients of her discipline. The case is entitled “People v. Molly Falk Jansen” with case no 22PDJ054.
The charges cited Colorado Rules of Professional Conduct 1.4(a)(3), 1.4(a)(5), 1.4(b), 1.5(h)(1) and 8.4(c) which states:
A lawyer must keep a client reasonably informed about the status of the matter.
A lawyer must consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows that the client expects assistance not permitted by the rules.
A lawyer must explain a matter so as to permit the client to make informed decisions regarding the representation.
A lawyer must communicate the terms of a flat fee in writing before or within a reasonable time after commencing the representation, including specific benchmarks for earning a portion of a flat fee, if any portion is to be earned before the conclusion of the representation.
It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
The Rules of Professional Conduct can be found here.
On July 2, 2021, the respondent’s stipulation to discipline was approved wherein she agreed to a six-month suspension of her law license that took effect on September 1, 2021. However, her misconduct arose when she failed to discuss her suspension with the client or the latter’s wife whom she is currently representing in a felony case. Following the event, the respondent moved to withdraw from the client’s case, inaccurately stating in her motion that her client wished to apply for a public defender because he was not able to pay the respondent her full fee. On August 30, 2021, the respondent notified the court of the impending suspension and stated that she informed her client of her suspension via certified mail. But Ms. Jansen did not notify her client or his wife of the suspension until that day, and she never provided her client with a written notice of her suspension.
In the matter of the client, not being able to “pay the respondent’s full fee,” it was alleged that the respondent never issued a writing that described her fee.
The filing states:
“Around March 2021, Jansen orally agreed to represent a client in a felony case in Arapahoe County. Because the client was incarcerated in California at the time, Jansen made the oral agreement with the client’s wife, who paid $6,000.00 toward Jansen’s $20,000.00 fee around May 12, 2021, and $1,500.00 in mid-July 2021. Neither the client nor the client’s wife ever received a writing that described the basis or rate of Jansen’s fee. Jansen entered her appearance in the case on May 19, 2021. She conferred with her client just once, during a fifteen-minute telephone call on June 2, 2021. On July 1, 2021, Jansen told the client’s wife that she was negotiating with the district attorney, who was working to obtain a writ for the client’s appearance at a status conference in mid-August.”
In consideration of the factual allegations and the violations of the Rules of Professional Conduct, the court decided to suspend the respondent.
The order states:
“The Presiding Disciplinary Judge approved the parties’ stipulation to discipline and suspended Molly Falk Jansen (attorney registration number 34528) for one year and one day, with $4,000.00 due in restitution. The suspension takes effect on May 1, 2023. To be reinstated to the practice of law after her suspension, Jansen must prove by clear and convincing evidence that she has been rehabilitated, has complied with all disciplinary orders and rules, and is fit to practice law.”
Ms. Jansen attended the Sturm College of Law, University of Denver, graduating in 2002. She practices in Aurora, Colorado. She is licensed in Colorado. Her info can be found on lawyer.com.
A copy of the original filing can be found here.
