Vol. 20, No. 6, 5. Discipline Corner.

Utah Bar Journal

Volume 20.

Vol. 20, No. 6, 5.

Discipline Corner

Utah Bar JournalVol. 20, No. 6September/October 2007Discipline CornerDiscipline CornerADMONITIONOn July 13, 2007, the Chair of the Ethics and Discipline Committeeof the Utah Supreme Court entered an Order of Discipline: Admonition against an attorney for violation of Rules 1.15(a) (Safekeeping Property), 1.15(c) (Safekeeping Property), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.In summary:An attorney failed to deposit clients funds in an attorney trust account thereby commingling personal funds with client funds. The attorney's fee agreement provided that in order for the attorney to represent clients, the clients were required to waive the attorney's duty to act as a fiduciary with regard to the attorney's trust account.ADMONITIONOn July 11, 2007, the Chair of the Ethics and Discipline Committeeof the Utah Supreme Court entered an Order of Discipline: Admonition against an attorney for violation of Rules 1.3 (Diligence), 1.4(b) (Communication), 3.4(d) (Fairness to Opposing Party and Counsel), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.In summary:In divorce proceedings, an attorney failed to protect the client's interests by failing to advise the client that the attorney would be out of the country for an extended period of time and failing to get another attorney to cover a hearing while the attorney was out of the country. The attorney also failed to communicate with opposing counsel, including not sending critical information to opposing counsel and not producing documents after the attorney committed to do so.PUBLIC REPRIMANDOn July 5, 2007, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Public Reprimand against Larry K. Yazzie for violation of Rules 1.4(b) (Communication), 1.5(a) (Fees), 7.1(a) (Communications Concerning a Lawyer's Services), 7.4 (Communication of Fields of Practice), 7.5(a) (Firm Names and Letterheads), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.In summary:Mr. Yazzie represented a client in a criminal matter and the client's son in a personal injury matter. The clients' cases were in another state's jurisdiction. Mr. Yazzie is not licensed in the other state. Mr. Yazzie failed to communicate his status to his client. Mr. Yazzie...