A prominent Colorado employment lawyer has been suspended from practice for four months after admitting to multiple instances of lying to courts about undergoing surgery and being hospitalized to delay legal proceedings. Colin Barnacle, 50, a partner at Greenspoon Marder, reached an agreement with the state's Attorney Regulation Counsel, and will also be placed on probation for three years. His suspension is set to begin on August 13.
Barnacle, who lives in a $1.4 million home, was representing a co-founder of a cannabis company in a Denver District Court case and another matter in Routt County between 2023 and 2024. During these cases, he repeatedly misled judges and opposing counsel about his medical condition to request rescheduling of hearings. On one occasion, he informed the Denver court that he had spent a weekend in the hospital, leading the judge to issue an order stating Barnacle was hospitalized and unable to appear. However, Barnacle had not been hospitalized.
Approximately two weeks later, Barnacle told opposing counsel that he was preparing for surgery, which resulted in a trial being moved. Investigations found that no surgery took place. In March 2024, he also claimed to have undergone surgery in January. These fabrications came to light after opposing counsel in the Routt County case sought sanctions against Barnacle and his client for disregarding discovery orders. The judge in that case, Michael O'Hara, imposed a $43,000 fine on the parties, which Barnacle reportedly paid himself.
Following the fine, Barnacle withdrew as his client's attorney in the Routt County case. He subsequently admitted to the judge that he had not been hospitalized or undergone surgery. Despite this admission, Barnacle continued to make false claims. In August 2024, in an unrelated federal case, he requested to appear via phone, citing a "medical emergency" related to his back and stating he was "just getting back from the hospital." Again, it was found that he had not visited a hospital.
The stipulation filed in the case indicated that Barnacle "violated his duties to clients, and to the legal profession and the court by acting dishonestly." The document also stated that Barnacle "caused injury to his clients by delaying their legal proceedings."