Westminster City Councilman Alberto Garcia had his law license suspended last month after state regulators determined that he had committed misconduct involving six clients over a three-year period.
The misconduct, which occurred between 2012 and 2015, includes failing to meet with clients, failing to send a client copies of briefs, depositing money into the wrong account, failing to respond to court orders and failing to appear at a hearing on behalf of a client.
The suspension was for one year and a day, although Garcia, 43, could get his license reinstated after six months if he successfully completes probation. The suspension went into effect Feb. 16.
“We let some things slip through the cracks,” Garcia said in an interview. “I’m taking responsibility for all these actions.”
Garcia’s law practice, Garcia Law, operated out of an office in Arvada until recently, when that building burned down. He said the firm is currently “homeless.”
The councilman emphasized that the mistakes he made at his law firm “had absolutely nothing to do” with his role on the council.
“I reiterate that I’ve taken full responsibility for this matter, and it was completely separate from my role as a councilor for the city of Westminster,” he said.
Westminster Mayor Herb Atchison said Garcia, , has informed him and the other members of the council about the discipline he is facing.
“This is a personal matter between Mr. Garcia and the state of Colorado and does not involve the city of Westminster, to the best of my knowledge,” the mayor said. “The city has no further comment.”
Jim Coyle, regulation counsel with the state Supreme Court’s office of attorney regulation counsel, said Garcia’s conduct is a serious matter.
“Suspension is a statement by the court that it’s necessary to take away your license to practice law so that the public is protected,” he said. “His misconduct harmed his clients’ faith in the attorney-client privilege.”
Suspension is the second-harshest level of discipline for attorneys in Colorado, with disbarment being the most severe. Last year, 34 attorneys were suspended, and 14 were disbarred. In 2014, 44 were suspended, and nine were disbarred.
There are 26,500 active attorneys in the state, Coyle said.
If Garcia gets his law license back in August, he will then be on a three-year probation, during which he will undergo “practice monitoring,” whereby a third-party lawyer oversees Garcia’s calendar and billing practices to ensure they are being done properly, Coyle said.
The oversight will be done at Garcia’s expense.
Coyle said there were several mitigating factors in Garcia’s case, including the fact that he expressed remorse, made efforts at restitution and has not before faced disciplinary measures in his practice.
Garcia earned his law degree from the Texas Tech University School of Law. He has been an attorney in Colorado since 2003.
John Aguilar: 303-954-1695, jaguilar@denverpost.com or @abuvthefold
