Vol. 34, No. 3, 19. Lawyer Discipline.

Wyoming Bar Journal

2011.

Vol. 34, No. 3, 19.

Lawyer Discipline

Wyoming Bar JournalIssue: June, 2011Lawyer DisciplinePublic Censure

Rock Springs attorney, Clark D. Stith, received a formal public censure by order of the Wyoming Supreme Court on April 20, 2011. Stith represented a company that had been sued for damages and failed to disclose information relating to insurance for his client as mandated by the initial disclosure requirements of the Wyoming Rules of Civil Procedure. He misled opposing counsel into believing there was no insurance, and did not disclose the existence of insurance until after the settlement (which was paid by insurance) was reached.

After a hearing, the Board of Professional Responsibility issued a report recommending that the Wyoming Supreme Court publicly censure Mr. Stith. After reviewing the record and recommendation and Mr. Stith's objections thereto, the Wyoming Supreme Court entered its order publicly censuring Mr. Stith and requiring him to pay $7,445.90 in costs to the Wyoming State Bar.

The Wyoming Rules of Professional Conduct regulate the conduct of Wyoming attorneys. Mr. Stith violated Rule 3.1(c) (by signing initial disclosures that he knew were not accurate); Rule 3.4 (which provides that a lawyer shall not knowingly disobey an obligation under the rules of a tribunal); Rule 8.4(a) (professional misconduct for a lawyer to violate the Rules of Professional Conduct); Rule 8.4(c) (professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit or misrepresentation); and 8.4(d) (professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice).

Private Reprimands

* The Board of Professional Responsibility issued a private reprimand to an attorney for attaching an adverse party's signature page from one settlement agreement to a different settlement agreement and filing the different settlement agreement with the court. The attorney negligently failed to recognize that the agreement the attorney filed was different than the one the adverse party signed. Such failure on the part of the attorney constituted conduct prejudicial to the administration of justice and was therefore a violation of Rule 8.4(d) of the Wyoming Rules of Professional Conduct.

* The Board of Professional Responsibility issued a private...