COLORADO SUPREME COURT

May 15th, 2019

Ms. Cheryl Stevens,

Clerk of the Colorado Supreme Court
E-mail: Cheryl.Stevens@judicial.state.co.us

RE: Request for comments concerning Rules of Professional Conduct, Rule 8.4 1.

Dear Ms. Stevens:

Please include my written comment and suggestions below concerning R.P.C. 8.4.

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Chief Justice Coats,

Justices of the Colorado Supreme Court:

Section 4 of the Preamble to Section 18 – 20 [Rules Governing the Practice of Law] states:

4.Enhancing client protection and promoting consumer confidence through Attorney

Regulation Counsel, the Attorneys Fund for Client Protection, inventory counsel
services, the regulation of non-lawyers engaged in providing legal services, and other
proactive programs.

It Is clear the intention of this proposed rule is to keep rogue attorneys from taking advantage of their
clients. One of the most despicable of these acts is an attorney who is a sexual predator and uses his
fiduciary status to his/her own demented satisfaction on vulnerable persons.

I have had one instance where an employee of mine made a plea bargain with the District Attorney to
plead guilty to a minor [in my estimation] sexual charge. He went through a grueling program for at least
5 years and is on the permanent sex offender list. Because of the rules of the program he was on; he had
to be in constant contact with other sex offenders so they could “tell” on each other if they broke the
rules. He brought many of these offenders to work and I heard hellacious stories of their recidivism. It
seems their acts got worse, not better and the action taken by the courts to correct these persons was
not working.

1
It is professional misconduct for a lawyer to: (a) – (h) [NO CHANGE] (i) engage in conduct the lawyer knows or
reasonably should know constitutes sexual harassment where the conduct occurs in connection with the lawyer’s
professional activities.

COMMENT [1]-[5] [NO CHANGE] [5A] Sexual harassment may include, but is not limited to, sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual nature that a reasonable person would
perceive as unwelcome. The substantive law of employment discrimination, including antiharassment statutes,
regulations, and case law, may guide, but does not limit, application of paragraph (i). “Professional activities” are
not limited to those that occur in a client-lawyer relationship.

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I want to bring to your attention an attorney that self-admitted to a sexual charge of groping a client’s
breasts, Mr. John Berman. 2 This act was never reported to Authorities for prosecution but instead kept
“hidden” in the files of Attorney Regulation.

Why, because s/he is an attorney who has a fiduciary relationship with many persons, should they get a
pass, especially when it is self-admitted?3 The standard should be higher, not lower!

2
https://www.scribd.com/document/369366610/JOHN-BERMAN-ATTY-COLO-SUPREME-COURT-DISCIPLINARY-
RECORD
3
The Thinking Processes of Sexual Predators

Behavior results from the way a person thinks. A person’s thinking processes largely define his character. In considering how to
prevent further victimization of employees in the workplace, it is essential to understand the mental makeup of the victimizer.

Sexual harassment, sexual assault, and rape obviously are sex offenses. But they have little to do with sex itself. The people
who are making headlines for their exploitation of women employed by their company likely have had no shortage of
opportunities for consensual sex. Sexual predators have plenty of sexual experience but it is shallow. Sex is a control operation
for them. They ordain the time and place of the encounter. Seeking a conquest is the overriding aspect. The perpetrator cares
little what his “partner” experiences. The idea is to conquer a body, not have a relationship. Achieving his objective provides
him with a buildup. He has sex on his mind a great deal of the time, looking at females as potential targets.

In his approach to potential sexual targets, the individual regards himself as irresistible and seeks to have this affirmed. He is
certain that any person whom he finds desirable will be attracted to him. A friendly smile may confirm that he is desired, and
that he can proceed with his conquest. This thinking occurs even with complete strangers whom he quickly regards as his
property.

The person who exposes himself hopes to entice someone into a sexual act. He seeks an admiring gaze and directs that gaze.
He may do this by walking around naked. He experiences excitement in fantasizing and in the exhibitionism itself.

The assertion of power is most obvious in sexual assault and rape in which the perpetrator forcefully takes “possession” of his
target. Again, this has nothing to do with sexual need. Men who have an active and varied sexual life at home still attack
women. It is characteristic that, both in fantasy and action, they find it most exciting to use force in making their conquest.

The workplace provides an arena for these behaviors. The perpetrator has leverage over his victim who is a subordinate. He
knows that she is unlikely to inform because she thinks she will not be believed, that she will lose her job, or perhaps lose
opportunity to advance at all in her chosen line of work. The victim also thinks that the people in charge will support the
perpetrator, especially if he is well-known and important to the reputation and success of the organization.

Four thinking patterns figure prominently in the commission of sexual offenses in the workplace.

The pursuit of power and control. A critical part of the perpetrator’s self-image is being able to dominate others. He proceeds
to do this as he pursues whomever he finds attractive.

A sense of uniqueness. Everyone is unique – physically, psychologically, and experientially. But the person who engages in
sexual harassment, assault, or rape considers himself one of a kind. Part of this self-perception is his certainty that he is
irresistible to women, the answer to every woman’s desires. When it comes to right and wrong, he makes his own rules.

Deception. These individuals are often extremely intelligent, charismatic, and talented. Even people who know them well
cannot conceive that they are even capable of exploiting others sexually. Such predators are masters of deceit.

An ability to compartmentalize and shut off fear of consequences. Perpetrators of sexual harassment, assault, and rape know
right from wrong. They are fully aware of the potential consequences of being apprehended. They have an uncanny ability to
ignore them long enough to do what they want, all the while maintaining a sense of invincibility. They eliminate considerations
of conscience behaving as they please without regard to emotional, physical, or other damage they might inflict. When they are
unmasked, their chief regret is getting caught with little or no remorse for the victim. Instead, they regard themselves as
victims because of the unpalatable consequences they must face.

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A survey released by the International Bar Association this week surveyed 7000 lawyers shows that one
in two women suffered bullying; while one in three women experienced sexual harassment in the
workplace.

All Attorney Regulation does by these actions [or lack thereof] is leave other clients and co-workers
vulnerable, especially women. I can imagine situations where a female client is petrified by unwanted
advances of her attorney and choosing whether to have representation in court or reporting the incident
and losing representation. Or a staff member in a law firm having to continually dodge the inappropriate
and perverted advances of their associates. And the attorney knows that even if s/he is reported to
Attorney Regulation; the chances they will be turned over to authorities is non-existent, leaving them to
strike again………………and again…………………..and again.

I would therefore respectfully request the Court consider putting some “teeth” into this rule by making it
mandatory that each case involving a violation thereof be forthwith reported to authorities for proper
investigation and possible prosecution.

Thank you for your time and consideration in these important matters.

Best,

/Peter Coulter

TransparentCourts@gmail.com
151 Summer Street #654
Morrison, Colorado 80465
720 549-5349

As the issue of sexual predation in the workplace has become increasingly prominent, there are calls to provide employees with
special training to minimize this behavior in the future. Such training will not change the character (i.e., the thinking processes)
of predators. What it may succeed in is establishing clear policies and deterrents so that potential predators may be deterred
from engaging in this extremely destructive behavior at work.
Stanton Samenow, Ph.D., is an expert in criminal behavior. He is the author of many books including Inside the Criminal Mind.

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