December 2003

Last Update: 19/10/05

Article Title

 

Discipline Corner

 

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Article Type

 

State Bar News

 

Article

 

 

Discipline Corner

ADMONITION
On October 23, 2003, an attorney was admonished by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court for violation of Rule 8.1(b) (Bar Admission and Disciplinary Matters) of the Rules of Professional Conduct.

In summary:
An attorney was hired to represent a client in a criminal matter. The client filed a complaint against the attorney. The attorney did not timely respond to the Office of Professional Conduct's requests for information.

ADMONITION
On October 23, 2003, an attorney was admonished by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court for violation of Rules 8.4(a) and (d) (Misconduct) of the Rules of Professional Conduct.

In summary:
An attorney represented a client in a criminal matter. The attorney did not know the whereabouts of the client. The attorney requested, but was denied a continuance. The court ordered the attorney to cross-examine, but the attorney continued to argue for a continuance. The attorney was escorted to the judge's chambers from the court in handcuffs and the hearing was continued because of the attorney's conduct.

Mitigating factors include: no prior record of discipline, no dishonest or selfish motive, cooperative attitude towards proceedings, experienced interim reform, and experienced humiliation and distress when handcuffed.