Supreme Court of Colorado

The People of the State of Colorado v. Marc F. Bendinelli

May 19, 2014329 P.3d 300

Summary

The Hearing Board found that Bendinelli failed to communicate adequately with his client, failed to obtain written informed consent for an aggregate settlement, signed the client's name to a settlement release without authorization, and knowingly misrepresented the status of the case to induce dismissal. It rejected allegations that he lacked verbal authority to settle or was dishonest merely in describing the claim as weak. Considering the misconduct and substantial mitigating factors, the Board imposed a sixty-day suspension stayed on completion of one year of probation with conditions.