State Bar News
| Jurisdiction | Utah,United States |
| Citation | Vol. 11 No. 4 Pg. 22 |
| Pages | 22 |
| Publication year | 1998 |
Discipline Corner
DISBARMENT
On March 30, 1998, the Honorable J. Dennis Frederick, Third Judicial District Court, entered a Judgment of Disbarment, disbarring Mark R. Madsen from the practice of law for violation of Rules 1.3 (Diligence), 1.4 (Communication), 1.5 (Fees), 1.15 (Safekeeping Property), 1.1(5 (Declining or Terminating Representation), 8.1 (Bar Admission and Disciplinary Matters), and 8.4 (Misconduct) of the Rules of Professional Conduct. Madsen was also ordered to submit to binding fee arbitration on any fee disputes or claims arising from any other matters abandoned by him, cooperate in resolving any further complaints, attend the Utah State Bar Ethics School, and pay restitution to the Client Security Fund for any amount(s) paid to his clients as a result of professional misconduct. The Order was based oh a Discipline By Consent and Settlement Agreement entered into by Madsen and the Office of Professional Conduct.
In January 1997, Madsen abandoned his law practice, Because of Madsen's abandonment of his law practice, the Bar was forced to seek the imposition of a trusteeship over Madsen's practice for the purpose of contacting Madsen's clients, advising them to seek substitute counsel, and distributing the files. Madsen misappropriated client funds totaling approximately $165,000 for his own use and benefit.
INTERIM SUSPENSION
On March 9, 1998, the Honorable Guy R. Burningham, Fourth Judicial District Court, entered on Order of Interim Suspension, suspending Mark K. Stringer from the practice of law on an interim basis effective March 1, 1998. The Order was based on a Stipulation to Interim Suspension entered into by Stringer and the Office of Professional Conduct. Stringer will remain on interim suspension until the conclusion of disciplinary proceedings.
The Office of Professional Conduct has received several informal complaints alleging numerous instances of professional misconduct on Stringer's part. If proved by a preponderance of the evidence, the allegations raised in these informal complaints constitute numerous serious violations of the Rules of Professional Conduct, including: Rule 1.1 (Competence), Rule 1.2(a) (Scope of Representation), Rule 1.3 (Diligence), Rule 1.4(a) and (b) (Communication), Rule 1.5(a) (Fees), Rule 1.7(b) (Conflict of Interest: General Rule), Rule 1.15(a), (b), (c) (Safekeeping Property), Rule 1.16(a), (d) (Declining or Terminating Representation), Rule 3.1 (Meritorious Claims and Contentions), Rule 3.2 (Expediting Litigation), Rule 3.4(c) (Fairness to Opposing Party and Counsel), Rule 3.5(d) (Impartiality and Decorum of the Tribunal), Rule 4.2 (Communication With Person Represented By Counsel), Rule 4.4 (Respect for Rights of Third Persons), Rule 7.5(d) (Firm Names and Letterheads) , Rule 8.1(b) (Bar Admission and Disciplinary Matters), and Rule 8.4(a), (c), (d) (Misconduct).
ADMONITION
On February 20, 1998, an attorney was admonished by the Chair of the Ethics and Discipline Committee of the Utah State Bar for violating Rule 1.8(a) (Conflict of Interest: Prohibited Transactions) of the Rules of Professional Conduct.
On November 18, 1991, the attorney negotiated a business relationship with a client, her spouse, and their company that gave the attorney's law firm an equity position of five percent of the outstanding stock, along with an exclusive and irrevocable license to develop, manufacture, and market certain patent technologies in Mexico and Latin America. The fee agreement between the attorney's law firm and the clients included a provision whereby the clients would retain the attorney's law Arm's legal services for not less than twenty years. The clients claimed that the business relationship with the attorney's law firm was negotiated without the attorney's recommending that they seek independent counsel before entering into the agreement. The attorney has denied this claim. The attorney produced a letter from his law firm to the clients dated November 11, 1991, that directed the clients to review the fee agreement with independent counsel "to make sure that it is fair and that there are no problems with it... ..” The fee agreement between the attorney's law firm and the clients contained no disclosures similar to those contained in the letter dated November 11, 1991- The client denied receiving the letter dated November 11, 1991, from the attorney's law firm.
THANK YOU
In the last year, the Office of Professional Conduct requested pro-bono assistance from paralegals to review more than 150 b oxes of client files in connection with (he trusteeship imposed over an abandoned law practice. Many people volunteered and the OPC would like to thank them. Their assistance allowed this office to return a vast number of the client files. The OPG would like to extend a special thanks to Mary Mark and the Salt Lake Community College Paralegal Studies Program for their assistance in reviewing more than 100 of the boxes.
Legal Aid Society Receives $2,500 from the Family Law Section of the Utah State Bar
The Family Law Section of the Utah State Bar generously donated $2, 500 to Legal Aid Society of Salt Lake.
"The $2,500 donation from the Family Law Section means a great deal to us" states Executive Director, Stewart Ralphs. "It's nice to know that our own section of the Bar appreciates and contributes to what we do."
A formal check presentation was made to Legal Aid Society on March 18, 1998 at the last Family Law Section meeting.
Legal Aid Society provides no-cost legal representation to low-income individuals with divorces, child custody and support, visitation, guardianship and modification of orders. Legal Aid Society also assists adults and children who are victims of domestic violence in obtaining protective orders from the court, regardless of the victims' income. It does not accept criminal cases.
During 1997, Legal Aid Society assisted more than 2, 500 clients with domestic relations cases and 3,000 victims of domestic violence.
1998-99 Licensing Forms
The 1998-99 licensing renewal forms will be mailed during the first week in June. Please note the return address on the printed form. If you have not received your form by June 15 contact the Bar immediately.
License fees are due regardless of whether you receive a form. Any Client Security Fund assessment must be paid with your license fees. Payments received without the Client Security Fund assessment will not be processed.
License fees are due July 1, 1998. Payments will be accepted through July 31, 1998 without a late fee. A late fee of $50 will be assessed if your payment is not received by 5:00 p.m., July 31, 1998. Payments received without the late fee will not be processed until the late fee is paid.
If your license fees and any other assessments are not received by 5:00 p.m., August 31, 1998 you will be suspended for nonpayment of fees. A reinstatement fee of $100 will be assessed to those who have been suspended and wish to reinstate their license.
Due to the volume of forms to be processed you need to allow two-three weeks for processing. This is important to those that need to serve clients in the jails and prison since...
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