Lawyer Asks Google to Hide His Bar Discipline Information on State Supreme Court’s Web Site
EUGENE VOLOKH
JAN 14, 2022 | REPUBLISHED BY LIT: JAN 15, 2022
The Colorado Supreme Court site has this item on one of its pages:
People v. Travis Shane Uhlenhopp. 19PDJ077. December 5, 2019.
The Presiding Disciplinary Judge approved the parties’ conditional admission of misconduct and suspended Travis Shane Uhlenhopp (attorney registration number 39280) for six months, all to be served and followed by of a one-year period of probation, effective January 9, 2020.
The probationary requirements include completing an ethics course and complying with all terms of his deferred judgment and probation.
In February 2019, Uhlenhopp pleaded guilty to a misdemeanor third-degree assault charge in Denver County Court stemming from a May 2018 altercation with his then-girlfriend.
Uhlenhopp struck her multiple times in the face, causing her several facial contusions, including a black eye and a swollen cheek.
Uhlenhopp received a twelve-month deferred judgment and sentence with probationary conditions, including a domestic violence evaluation, domestic violence treatment sessions, and random urinary analyses.
Uhlenhopp also failed to report to Colorado disciplinary authorities a driving under the influence conviction that occurred in California in March 2017.
Through this conduct, Uhlenhopp violated Colo. RPC 8.4(b) (a lawyer shall not commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects) and Colo. RPC 251.20(b) (requiring lawyers to report convictions to disciplinary authorities).
The case file is public per C.R.C.P. 251.31.
Indeed, this item is linked to from the lawyer’s attorney record that comes up if you search on the court’s Attorney Search & Disciplinary History page.
Now apparently the records of the conviction have been sealed by the Denver County Court, according to the PDF linked here. And the lawyer has now asked Google to deindex two web pages (so that Google users won’t be able to see them), including the one on the Colorado Supreme Court site:
NOTICE TYPE: Court Order
Explanation of Court Order
“Action Information” (final section): Date: 02/04/20: CASE DISMISSED/PLEA WITHDRAWN; Date: 02/07/20: HEARING ON MOTION TO SEAL/MOTION GRANTED/RECORD SEALED BY COURT
… TARGETED URLS:
Here’s my thinking:
I understand that a trial court has decided to seal its own records about the criminal case, which means those records are no longer available from the court.
But the Colorado Supreme Court has obviously not decided to seal its records about the disciplinary measures against the defendant; it seems to think that the public ought to be able to see them.
There would have been no First Amendment problem with its removing the page from its own site if it thought that appropriate. But it kept the page up.
It’s hard then to see why a lawyer should be able to get Google to hide this information that is being distributed by the Colorado Supreme Court.
And it’s hard to see why Google searchers should be denied this information that the Colorado Supreme Court seems to think is relevant to people who want to know this particular lawyer’s disciplinary history.
(To its credit, Google hasn’t deindexed the page, despite two requests.)
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Experience
Founder
Wizard Law Firm
2016 – Present
5 yrs 10 mos
Colorado
Wizard Law Firm was founded on the principle of “when our clients succeed, so do we.” We provide comprehensive, outside General Counsel to technology, innovation, and apparel companies ranging from start-ups to publicly traded entities.
Our mission is to accomplish our clients’ business goals by providing “bottom-line” legal counsel with respect to important legal matters, typically including internal and external legal structures, financing and strategic growth, contracts and third-party relationships, asset management, risk mitigation, and legal compliance.
Wizard Law Firm was founded on the principle of “when our clients succeed, so do we.”
We provide comprehensive, outside General Counsel to technology, innovation, and apparel companies ranging from start-ups to publicly traded entities. Our mission is to accomplish our clients’ business goals by providing “bottom-line” legal counsel with respect to important legal matters, typically including internal and external legal structures, financing and strategic growth, contracts and third-party relationships, asset management, risk mitigation, and legal compliance.
Partner
Messner Reeves LLP
8 yrs 3 mos
Denver/Los AngelesDenver/Los Angeles
As a Partner with Messner Reeves LLP, I specialized in Intellectual Property, Corporate and Entertainment Law. While at the firm, I was responsible for creating and heading the IP Practice Group and the Entertainment/Sports Law Practice Group. My passion for those areas of law and my entrepreneurial drive for success allowed me to achieve Partner in under 5 years.
I was also selected to assist the firm with national expansion by opening its first satellite office in Los Angeles with one other Partner and growing that office to 5 attorneys. (MR is a national law firm with offices now in Denver, Los Angeles, Las Vegas, and New York.) As a Partner with Messner Reeves LLP, I specialized in Intellectual Property, Corporate and Entertainment Law. While at the firm, I was responsible for creating and heading the IP Practice Group and the Entertainment/Sports Law Practice Group.
My passion for those areas of law and my entrepreneurial drive for success allowed me to achieve Partner in under 5 years. I was also selected to assist the firm with national expansion by opening its first satellite office in Los Angeles with one other Partner and growing that office to 5 attorneys. (MR is a national law firm with offices now in Denver, Los Angeles, Las Vegas, and New York.)
Patent/Intellectual Property Attorney
Uhlenhopp Law, LLC
May 2007 – Jan 2008
9 mos
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Uhlenhopp Law, LLC was created to provide law services for individuals and small businesses seeking to protect their intellectual property assets. We perform patent searches and prepare feasibility analyses, and we draft patent applications and correspond to office actions with the United States Patent and Trademark Office during the pendency of patent applications.
In addition, we provide copyright and trademark registration services, as well as other services to consult and value intellectual property that is in need of protection.Uhlenhopp Law, LLC was created to provide law services for individuals and small businesses seeking to protect their intellectual property assets.
We perform patent searches and prepare feasibility analyses, and we draft patent applications and correspond to office actions with the United States Patent and Trademark Office during the pendency of patent applications. In addition, we provide copyright and trademark registration services, as well as other services to consult and value intellectual property that is in need of protection.
Director
Growthink, Inc.
Oct 2006 – May 2007
8 mos
Los Angeles
Growthink offers business development, venture capital raising, and investment banking services for a variety of emerging companies in virtually every industry. We provide a comprehensive service, from creating the perfect business plan or investor slide deck, to finding the most effective marketing and implementation strategies, to securing private equity and venture capital financing for start-up ventures.
Growthink offers business development, venture capital raising, and investment banking services for a variety of emerging companies in virtually every industry. We provide a comprehensive service, from creating the perfect business plan or investor slide deck, to finding the most effective marketing and implementation strategies, to securing private equity and venture capital financing for start-up ventures.
Law Clerk
Law Offices of David Helfant,
immergent Records
May 2006 – Oct 2006
6 mos
Los Angeles
Law Clerk for esteemed Entertainment Attorney focusing on Music Law.
