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Office of the Presiding Disciplinary Judge of the Supreme Court of ColoradoJun 8, 2006
No. 05PDJ076 (Colo. Jun. 8, 2006)

No. 05PDJ076

June 8, 2006

The Presiding Disciplinary Judge approved a Conditional Admission of Misconduct submitted by the parties and suspended Respondent Bertrand Theodore Ungar (Attorney Registration No. 09530) from the practice of law for a period of ninety days; all stayed upon the successful completion of a two-year period of probation, with conditions, effective July 10, 2006. Respondent performed securities work on behalf of his client, an investment company, in connection with the acquisition of controlling interests in shell companies that were to become the subject of reverse mergers. However, Respondent failed to communicate the basis of his fee in writing to his client and never explicitly agreed on the contingencies of the fee agreement. A dispute as to the funds held by Respondent in escrow later arose when he failed to keep all of the funds subject to this transaction in trust. Respondent's misconduct constituted grounds for the imposition of discipline pursuant to C.R.C.P. 251.5 and violated Colo. RPC 1.5(b), 1.5(c), 1.15(a), and 1.15(b).