People v. Martin Dickson Kuhn. 14PDJ089. October 24, 2014. The Presiding Disciplinary Judge approved the parties’ conditional admission of misconduct and suspended Martin Dickson Kuhn (Attorney Registration Number 12611) for six months, all stayed pending successful completion of a two-year probationary period, with conditions. The probation took effect October 24, 2014.
In February 2011, Kuhn agreed to represent a client in a dissolution of marriage proceeding. Permanent orders were entered in February 2012. In April 2012, Kuhn was diagnosed with stage IV lung cancer; his diagnosis and ensuing health issues contributed to the conduct described below. Following entry of permanent orders, Kuhn failed to respond to opposing counsel’s calls and emails and failed to address opposing counsel’s draft qualified domestic relations order. Rather than withdrawing from the representation, Kuhn sought two extensions of time to file the proposed order. On at least three occasions, the court ordered Kuhn to file the order by a date certain, yet Kuhn failed to do so. In January 2014, Kuhn filed two proposed orders.
Through this conduct, Kuhn violated Colo. RPC 1.3 (a lawyer shall act with reasonable diligence and promptness when representing a client); Colo. RPC 1.4(a)(3) (a lawyer shall keep a client reasonably informed about the status of the matter); Colo. RPC 1.16(a)(2) (a lawyer shall withdraw if the lawyer’s condition materially impairs the lawyer’s ability to represent the client); and Colo. RPC 3.4(c) (a lawyer shall not knowingly disobey an obligation under the rules of a tribunal).