People v. Fry

In March 2020, Christopher Simpson retained attorney Christopher Fry (defendant) and Fry’s law firm, Modern Family Law, to represent Simpson in a child-support action. Simpson’s ex-wife had filed a motion to modify child support, and Simpson needed Fry to respond to the motion and defend Simpson. Under the fee agreement, Simpson paid Fry a retainer, and Simpson’s credit card would be charged twice a month for services rendered; any remaining retainer balance would be refunded. Fry submitted a response to the child-support motion three weeks late. Fry further failed to provide Simpson’s mandatory financial information to Simpson’s ex-wife despite charging Simpson for supposedly doing the work. Simpson’s case suffered due to Fry’s lapses in diligence, lack of preparation, and lack of communication; for example, Simpson was sanctioned in response to a motion filed by his ex-wife. After Simpson terminated Fry as his attorney, Modern Family Law continued to charge Simpson’s credit card, including to replenish Simpson’s original retainer. Fry failed to timely provide Simpson’s new counsel with information relating to the case. Fry additionally filed a notice of attorney’s lien and related documents, alleging that Simpson had failed to pay legal fees. In reality, Simpson did not owe any legal fees at the time and was entitled to a refund of his retainer balance. When confronted, Fry blamed his firm’s new billing system. Then, instead of withdrawing his lien-related papers, Fry filed a notice of satisfaction of judgment, release, and waiver—documents that misleadingly implied that Simpson had paid off a debt to Fry. The state disciplinary authority (plaintiff) initiated an investigation of Fry, who failed to cooperate in any manner. The disciplinary matter came before the Colorado Supreme Court.