Attorney for RTD agrees to complete ethics course
By Kevin Flynn, Rocky Mountain News (Contact)
Thursday, April 10, 2008
An attorney handling condemnation cases for RTD's FasTracks West Corridor has agreed to take an ethics course to settle a complaint that he took the lucrative contract after first doing work for one of the landowners being condemned.
The terms of the agreement with the Colorado Supreme Court Attorney Regulation Counsel are confidential. But attorney Mark May, of Centennial, must complete the undisclosed course to dismiss a complaint from Steve Fesch.
Fesch consulted with May shortly after receiving an eminent-domain notice from RTD in late September on a parcel of property that Fesch owns at Morrison Road and Howard Place, south of Invesco Field and near the Federal Boulevard Station for the West Corridor light-rail line.
May cashed Fesch's $2,500 retainer check, provided periodic advice and made several contacts on his behalf with RTD and Denver.
The same day Fesch gave May the check, RTD put out a call for attorneys to represent the transit agency on West Corridor condemnations, and May told Fesch that his firm might apply for that work.
RTD knew that Fesch had paid May a retainer when it got May's proposal, and by early November May had cut a check to Fesch, refunding his entire retainer, and declined to represent him.
In December, May & Associates was awarded an RTD contract of up to $900,000 to work on West Corridor condemnations. Three firms were hired, and RTD said it would assign one of the other firms to Fesch's case.
Neither May nor his attorney responded to requests for comment from the Rocky Mountain News.
"Once I had him retained, RTD shouldn't have pursued him," Fesch said.
RTD spokesman Scott Reed said the matter is between the attorney and the client, not RTD.
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April 10, 2008
7:38 a.m.
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Scott writes:
Isn't sending a lawyer to an ethics course like holding a crucifix up to a vampire? ;-)
Scott
April 10, 2008
8:22 a.m.
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MNM writes:
Steve,
Your tenacity won one for the little guys, good job!
I don't understand why the Supreme Court doesn't make full terms of the disciplinary actions to be public information.
How can this be a sealed record?
April 10, 2008
9:53 a.m.
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openmind writes:
Why is the Attorney Regulation Counsel, who I presume is funded with public dollars, protecting attorneys with "confidential" agreements? I agree with MNM, those records should be public since the public paid for them!
It doesn't surprise me that RTD would hire an attorney originally retained by a landowner. They are an unscrupulous organization and it seems May & Assoc. will suit them well.
April 10, 2008
11:46 a.m.
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Diff writes:
IRONY AT IT's BEST-
A Lawyer and Ethics!
I'll bet he cheats to pass the final!
April 10, 2008
12:16 p.m.
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Scott writes:
If the course is taught by a lawyer, then the teacher will distribute the final's answer key on the first day of class :-)
Scott
April 10, 2008
4:02 p.m.
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buffsblg writes:
Like with most other professional ethics systems there are various levels of discipline for attorneys from private censure to disbarment. The level of discipline depends upon the severity of the offense and the prior history of the attorney. Private discipline is a way to get attorneys to agree to make changes without being publicly censured. The same is true for Doctors and other medical professionals as well as some other professions. I know this will not satisfy the lawyer haters like Scott but at least you are better informed.
April 10, 2008
4:50 p.m.
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Franktruth writes:
"In December, May & Associates was awarded an RTD contract of up to $900,000 to work on West Corridor condemnations. Three firms were hired, and RTD said it would assign one of the other firms to Fesch's case."
Let's see if I understand this! RTD uses taxpayers' money to contract with law firms to condemn taxpayers' property. That's $900 K to May plus $???,??? to two other law firms. Regardless of outcomes these three non-government law firms all get paid according to contract. Here we have the typical public private partnership to raid the public treasury. Do I detect a slight conflict of interest? (Mussolini called this fascism.)
It appears that Steve Fesch gets to pay May and Associates in taxes even as his retainer is returned.
April 10, 2008
5:12 p.m.
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bjbaum writes:
RTD knew what they were doing when they stole Mark May. They knew Steve had hired him,so they stole his lawyer so they could steal his land and many others like him!
This is why there are so many lawyer jokes out there. This kind of slap on hand is a joke to May.
What is the country comimg to???
Pissed off Marine.
GySgt.B.Baumgartner
April 10, 2008
6:31 p.m.
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happymike44 writes:
A cruise ship with a lawyer goes down.
All the passengers are attacked and eaten
The lawyer survives
Why didn't the sharks eat him
professional courtesy of course
My favorite ,but to all attorney's I have known Thank You for giving me my freedom and allowing me to prove I was innocent.
For without you I was truly lost.