Philip M. Kleinsmith v. Colorado

A.. First Question. Should the Colorado Supreme Court's disbarment of Mr. Kieinsrnith be reversed because it is based on that Court's ruling that all funds received by a lawyer for expenses already incurred are the property of others, i.e. trust funds, said ruling being a contradictory, arbitrary and capricious reading of Rules 1.15A(a) and 1.15B(1) and (2) of the Colorado Rules of Professional Conduct CRPC) (hereinafter "The Funds Rules") and Rule 8.4(c), CRPC, and, therefore, a violation of his right to due process under the 14th Amendment to the U.S. Constitution? . . . B. Second Question. Should the Colorado Supreme Court's disbarment of Mr. Kleinsmith be reversed because that Court's ruling that all funds received by a lawyer for expenses already incurred are the property of others, i.e.. trust funds, said ruling being an irrational reading of The Funds Rules and Rule 8.4(c), CRPC, and, because that ruling permits the imposition of a severe penalty of disbarment on a lawyer as an agent of a law firm that any other agent of any other business is not subject, and therefore, violations of his right to the equal protection of the law under the 14th Amendment to the U.S. Constitution?