On Wednesday, December 18, 2024, the Presiding Disciplinary Judge of the Supreme Court of Colorado denied the petition for reinstatement of attorney Molly Jansen O’Brien, previously known as Molly Falk Jansen. O’Brien had sought to return to legal practice after being suspended for a year and one day due to professional misconduct.
The case is entitled “Molly Falk Jansen v. People,” with case no. 24PDJ025.
The suspension, which began on May 1, 2023, stemmed from O’Brien’s representation of an incarcerated client, Kevin Pompa, in 2021. During this period, O’Brien failed to adequately communicate with Pompa, meeting with him only once. Moreover, she neglected to provide a written statement outlining the basis or rate of her fees. O’Brien was also found to have misrepresented the situation in her motion to withdraw from Pompa’s case, failing to disclose her impending suspension.
The hearing board’s decision reflected O’Brien’s inability to demonstrate that she had rehabilitated herself from her previous misconduct. The board emphasized that she did not provide clear and convincing evidence of her fitness to practice law. Consequently, she will be barred from petitioning for reinstatement for at least two years from the date of the ruling.
O’Brien’s disciplinary history includes multiple prior sanctions. In 2019, she agreed to a stayed suspension of one year and one day, alongside a two-year probation period, for misconduct involving five clients. In a subsequent disciplinary action in 2021, she received a six-month suspension for issues related to fee agreements and confidentiality breaches.
During the reinstatement hearing, O’Brien acknowledged her past mistakes, describing her actions in the Pompa case as a significant failure in her career. She expressed regret for accepting the case and for not ensuring proper communication with her client. O’Brien attributed her previous misconduct to professional burnout, indicating that her experiences with clients had negatively impacted her decision-making abilities.
Since her suspension, O’Brien has been working as a paralegal at the law firm of Lee Berish, where she has engaged primarily in family law and personal injury cases. She has taken steps to stay current with legal developments, completing continuing legal education courses and contributing to improvements in her employer’s law firm management practices.
Witnesses at the hearing, including Berish and other legal professionals, testified to O’Brien’s work ethic and her commitment to ethical practice since her suspension. They noted her efforts to ensure that her former clients were represented by competent counsel and her willingness to accept responsibility for her past actions.
Despite these testimonies, the hearing board ultimately determined that O’Brien had not met the necessary criteria for reinstatement. The ruling emphasizes the importance of accountability within the legal profession and sets a precedent for future cases involving attorney misconduct.
As per Colorado Rule of Civil Procedure (C.R.C.P.) 242.39, O’Brien’s next opportunity to seek reinstatement will not be available for a minimum of two years.
The decision highlights the ongoing challenges faced by attorneys working to regain their standing following disciplinary actions and serves as a reminder of the rigorous standards upheld by the Colorado legal community.
According to avvo.com, Ms. Jansen is a criminal defense attorney. She attended the University of Denver Sturm College of Law. She acquired her law license in Colorado in 2003.
A copy of the original filing can be found here.
