Discipline Corner

• Publication year: 2006
• Pages: 20
• Citation: Vol. 19 No. 3 Pg. 20

Utah Bar Journal Volume 19.

Vol. 19, No. 3 - #20. Discipline Corner

Utah Bar Journal
Volume 19, No 3
May/June 2006

Discipline Corner

ADMONITION
On February 10, 2006, the Chair of the Ethics and Discipline Committee entered an Order of Discipline: Admonition against an attorney for violation of 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(a) (Misconduct) of the Rules of Professional Conduct

In summary:
The attorney was served with a Notice of Informal Complaint from the Office of Professional Conduct. The attorney failed to respond timely

PUBLIC REPRIMAND
On February 10, 2006, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Public Reprimand against Alan Stewart for violation of Rules 1.15(a) (Safekeeping Property), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
Mr. Stewart failed to supervise his employee who embezzled money from his attorney trust account. In Mr. Stewart's initial response concerning an overdraft on his attorney trust account, he provided information that was untrue. Mr. Stewart voluntarily admitted the truth near or around the time of a Screening Panel of the Ethics and Discipline Committee. Mitigating factors included: absence of prior record of discipline; absence of dishonest or selfish motive; and remorse.

ADMONITION
On February 10, 2006, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Admonition against an attorney for violation of Rules 1.3 (Diligence, 1.4 (Communication), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
The attorney was hired to pursue a personal injury claim that occurred in another state. The attorney failed to inform the client of the applicable statute of limitation in the other state. The attorney failed to advise the client of the advantages and risks regarding statute of limitations in choosing where to file the claim. The client was not allowed to participate in the decision of where the claim should have been filed. The attorney was negligent in not communicating with the client in writing concerning the decision of where to file the claim.

ADMONITION
On March 15, 2006, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline...