Colorado Supreme Court

Office of Attorney Regulation Counsel

Promoting Professionalism. Protecting the Public.


Client Protection Fund Approves $63,000 in Claims

Misconduct included failure to return unearned fees and converting a retainer to a personal account without earning it.


Summer 2013

The board of the Attorneys’ Fund for Client Protection approved four claims totaling $63,000 at its quarterly meeting in June.

The action brings the fund’s total dispersal since its 1999 inception to just over $5.2 million.

The four matters approved by the board and the attorney respondents involved were:

·         $45,000

Robert C. Cain, for failing to return a portion of his client’s settlement balance.

·         $5,009

Robert D. Gustafson, for failure to maintain unearned fees at the time of his death.

·         $10,000

Robert T. McAllister, for converting an unearned retainer to his personal account.

·         $3,000

Themia E. Sandven, for failure to perform work for fees paid.

The purpose of the fund is to promote public confidence in the administration of justice and the integrity of the legal profession by mitigating losses caused by the dishonest conduct of attorneys. The fund was established in 1999 and is funded solely through a portion of attorneys’ annual registration fees.

Except for the payment on behalf of the late Robert D. Gustafson, all the other attorneys listed above have been suspended or disbarred by the Court.

If you know of any person who has suffered a loss of money due to the dishonest conduct or breach of fiduciary duty by the person’s Colorado lawyer, please notify James Coyle, Attorney Regulation Counsel at (303) 457-5800.