On Wednesday, April 3, 2024, the Presiding Disciplinary Judge of the Supreme Court of Colorado reinstated the law license of attorney James Stern. Stern had been suspended from practicing law for ethical violations that occurred during his joint representation of clients in a real estate dispute case.
The case is entitled “James Stern v. People,” with case no. 23PDJ021.
The suspension stemmed from Stern’s representation of multiple clients in a real estate commission dispute without properly addressing conflicts of interest. During the underlying matter, Stern negotiated a settlement that awarded himself what a court later deemed unreasonable attorney fees. He also failed to properly advise one client about the settlement terms or obtain her consent. His actions disadvantaged that former client and led to an ongoing fee dispute.
The Office of Attorney Regulation Counsel opposed Stern’s reinstatement, arguing he violated rules by keeping disputed settlement funds belonging to one of the parties in his trust account for over two years without notifying other interested parties. However, the hearing board did not accept this argument, finding no clear rule required such notification.
At the reinstatement hearing in January 2024, Stern accepted responsibility for his misconduct. He acknowledged shortcomings identified in the disciplinary opinion regarding communication, judgment, and client advice. Stern said he has learned he must be more careful to avoid conflicts and document client interactions in writing.
Though initially in denial after his suspension, Stern said therapy and guidance from ethics counsel helped him understand his ethical lapses. He no longer disputes portions of fees at issue in the pre-existing dispute. Stern completed legal education courses and volunteered in his community during the suspension period.
Character witnesses testified to Stern’s strong moral compass and work helping family members. The hearing board expressed concern Stern’s initial remorse lacked full recognition of his misconduct. Ultimately, the board found Stern proved by clear and convincing evidence that he was rehabilitated and fit to resume law practice. However, it encouraged Stern to seek an objective mentor, be open to advice, and avoid overreliance on his views of proper conduct.
The board reinstated Stern’s Colorado law license effective April 3, 2024. It ordered Stern to pay costs and allowed any post-hearing motions by April 17, 2024. The decision may be appealed by the Regulation Counsel.
According to avvo.com, Mr. Stern is an attorney in Denver, Colorado. He attended the University of Denver Sturm College of Law. He acquired his law license in Colorado in 2005.
A copy of the original filing can be found here.
