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June 11, 2005

PUBLIC REPRIMAND

PUBLIC REPRIMAND

On May 24, 2004, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Public Reprimand against David O. Drake for violation of Rules 5.3(a) and (b) (Responsibilities Regarding Nonlawyer Assistants) and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
Mr. Drake was retained to represent his employee in a lawsuit. Mr. Drake permitted his non-attorney employee to take a sworn statement of the defendant the employee was suing. In a second matter, Mr. Drake was retained to represent a client in a personal injury matter. Mr. Drake permitted his non-attorney employee to enter into and sign a contingent fee retainer agreement and prepare and submit a settlement demand letter to an insurance company on behalf of the client, which resulted in a substantial recovery for the client. In a third matter, Mr. Drake was retained to represent a client who was involved in an automobile accident. Mr. Drake permitted his non-attorney employee to sign a lien to a medical provider, which required an attorney's signature. When the client's case settled, Mr. Drake's non-attorney employee deposited the settlement funds into an attorney trust account, which the employee had inappropriately opened without Mr. Drake's knowledge. The settlement was safely disbursed to the client. In the course of representing these three clients, Mr. Drake failed to properly supervise his employee, and failed to ensure that his employee's conduct was compatible with Mr. Drake's professional obligations as a lawyer.

Posted by BarBlogAdmin at June 11, 2005 10:18 PM