On Wednesday, February 22, 2023, the Supreme Court of Colorado suspended Denver attorney Devon Michael Barclay for professional misconduct. The suspension was in response to Barclay and the Regulation Counsel amended stipulation filed before the Court seeking to suspend Barclay from the practice of law for three years.
The charges cited RPC 1.1, 1.4(a)(3), 1.4(b), 3.4(a), 4.1(a), 8.4(a), 8.4(c), and 8.4(d) of the Colorado Rules of Professional Conduct, which states that:
A lawyer must competently represent a client.
A lawyer must keep a client reasonably informed about the status of the matter.
A lawyer must explain a matter so as to permit the client to make informed decisions regarding the representation.
A lawyer must not unlawfully obstruct another party’s access to evidence.
A lawyer must not, in the course of representing a client, knowingly make a false statement of material law or fact to a third person.
A lawyer must not attempt to violate the Rules of Professional Conductor knowingly induce others to do so.
A lawyer must not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.
A lawyer must not engage in conduct prejudicing the administration of justice.
The Colorado Rules of Professional Conduct can be found here.
The disciplinary charges stemmed from allegations that Barclay engaged in misconduct in his representation of a couple in a bankruptcy matter. Barclay was alleged to have incompetently represented the couple, and lied to them and to the bankruptcy court. It was further alleged that Barclay advised the couple, among other things, not to participate in a required meeting, not to make filing fee payments, and not to submit the required bankruptcy paperwork.
The filing states:
“Barclay emailed one of the listed creditors in the couple’s bankruptcy matter, attempting to enlist the creditor in a scheme to have his clients’ petition dismissed. The creditor later forwarded Barclay’s email to the trustee. Barclay’s clients were held in contempt of court for failing to comply with the turnover order and were ordered to pay the trustee’s associated fees and costs.”
By these acts, the presiding disciplinary judge after considering the parties’ amended stipulation, as well as the several mitigating factors, entered its Order suspending Barclay from the practice of law for three years, effective February 22, 2023.
Barclay and his law firm, Devon Barclay, P.C. was also suspended from practicing law before the United States Bankruptcy Court for the District of Colorado for a period of three years commencing on January 10, 2023.
Prior to the suspension, Mr. Barclay practiced as a bankruptcy and debt attorney serving Denver, Colorado. He has been licensed in Colorado. Barclay’s info can be found on Avvo.
A copy of the original filing can be found here.
