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DISBARMENT
On December 4, 2001, the Honorable Lee Dever, Third Judicial District Court, entered Findings of Fact and Conclusions of Law disbarring Stephen G. Bennett from the
practice of law for violation of Rules 1.2(a) (Scope of Representation), 1.4(a) (Communication), 1.15(a), (b), and (c) (Safekeeping Property), 8.1(b) (Bar Admission and Disciplinary
Matters), and 8.4(c) (Misconduct) of the Rules of Professional Conduct.
Bennett represented the defendants in a small claims action. A default judgment was entered against them and Bennett said he would move to have this set aside. Bennett informed his clients
that he had had the default judgment set aside and settled the case in their favor. Bennett failed to obtain authorization from his clients to settle the case and misrepresented the
actual amount of settlement. His clients repeatedly requested a copy of the settlement agreement and the settlement check, but Bennett failed to respond.
The Office of Professional Conduct received an informal complaint from Bennett's clients and repeatedly requested that he respond to the allegations, but Bennett failed to respond. Bennett
continued to fail to cooperate when the matter was brought in District Court.
ADMONITION
On January 10, 2002, an attorney was admonished by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court for violation of Rules 5.5 (Unauthorized
Practice of Law) and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
The attorney was administratively suspended from the practice of law for failure to pay annual Utah State Bar licensing fees. During the period of administrative suspension, the attorney
represented a client in court. The court was later made aware of the administrative suspension and required to continue the one-day trial.
ADMONITION
On December 17, 2001, an attorney was admonished by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court for violation of Rules 1.7(b) (Conflict
of Interest: General Rule) and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
The attorney was hired by a social worker who was acting as an adoption agency in arranging an adoption. The attorney later learned that the social worker was not licensed as an adoption
agency with the State of Utah and could not charge adoption fees. The attorney then undertook representing the birth mother in the same adoption. There was no evidence that the birth
mother consented to the representation, after consultation about the conflict of interest.
Mitigating factors include: no prior disciplinary record and cooperation with the Office of Professional Conduct.
ADMONITION
On January 7, 2002, an attorney was admonished by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court for violation of Rules 1.1 (Competence),
1.3 (Diligence), 1.4 (Communication), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
The attorney was hired to collect a debt. The debtor filed bankruptcy. The attorney agreed to file a proof of claim, but the bankruptcy court never received it. The attorney moved offices
without communicating with the client. The client filed another proof of claim, but it was disallowed as a late filing. Subsequently, the attorney was able to rectify the situation so
that the client could file a proof of claim.
ADMONITION
On December 6, 2001, an attorney was admonished by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court for violation of Rules 1.4(a) and (b)
(Communication), 5.3 (Responsibilities Regarding Nonlawyer Assistants), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
The attorney was hired to represent a client in a criminal matter and a related civil matter. The client made a check payable to the paralegal who worked in the attorney's office. The
attorney failed to make reasonable efforts to ensure the paralegal's conduct was compatible with the attorney's professional obligations. The attorney failed to keep the client reasonably
aware of the status of the cases and failed to explain matters so that the client could make informed decisions regarding representation. The attorney failed to promptly respond to the
Office of Professional Conduct's requests for information.
ADMONITION
On December 12, 2001, an attorney was admonished by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court for violation of Rules 3.5(c)
(Impartiality and Decorum of the Tribunal), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
The attorney represented a defendant in a civil matter. The attorney filed a Notice to Submit for Decision and Request for Hearing. The court telephoned the attorney informing the attorney
that it did not have jurisdiction. Without reviewing the judge's ruling, the attorney prepared orders in two cases, and sent them for approval to opposing counsel. The opposing counsel
refused to sign the proposed orders because they did not accurately reflect the judge's ruling. The attorney filed the proposed orders at court, conducted ex parte conversations with a
visiting judge, and obtained the temporary judge's signature on the orders.
ADMONITION
On December 7, 2001, an attorney was admonished by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court for violation of Rule 5.5 (Unauthorized
Practice of Law), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
The attorney was administratively suspended for failure to pay annual Bar licensing dues. During the period of the suspension, the attorney continued to practice law. The attorney failed
to timely provide the OPC with responses to its requests for information, and failed to attend a Screening Panel hearing.
Mitigating factors include: depression during the period of suspension, for which the attorney sought medical treatment.
ADMONITION
On December 6, 2001, an attorney was admonished by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court for violation of Rules 5.5 (Unauthorized
Practice of Law) and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
The attorney was administratively suspended for failure to comply with mandatory legal education
requirements. During this period of suspension, the attorney continued to practice law.
ADMONITION
On December 17, 2001, an attorney was admonished by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court for violation of Rules 1.15(b)
(Safekeeping Property), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
The attorney represented a client in a personal injury case. The attorney and the client agreed that a portion of the settlement proceeds would be withheld to clear an outstanding debt to
a doctor. The attorney negligently failed to pay the debt to the doctor from the settlement proceeds and instead sent a settlement check directly to the client. The client understood that
the medical bill had been settled.
STAYED SUSPENSION
On December 17, 2001, the Honorable Donald J. Eyre, Fourth Judicial District Court, suspended attorney Karen Allen from the practice of law for a period of
three months for violation of Rules 1.3 (Diligence), 1.4(a) (Communication), 8.1(b) (Bar Admission and Disciplinary Matters) and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
The entire period of suspension is stayed.
Allen was retained to assist a client in a child support matter. Allen prepared and filed a Petition to Modify Existing Order on her client's behalf, but failed to have it served upon the
client's ex-wife. Allen failed to keep her client informed about the status of his matter and failed to return his telephone calls. Allen failed to respond to the Office of Professional
Conduct's ("OPC") requests for information concerning her client's complaint against her. In December 1999, the OPC received a second complaint concerning Allen, and Allen
failed to respond to the OPC's requests for information.
Mitigating factors include: absence of prior record of discipline, absence of dishonest or selfish motive, and remorse.
ADMONITION
On January 16, 2002, an attorney was admonished by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court for violation of Rules 1.4(a)
(Communication), 1.15(b) (Safekeeping Property), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
The attorney was hired to collect debts owed to a company. The company requested a full accounting of the collections from the attorney. The attorney provided a partial accounting but
failed to provide a full accounting of the remaining accounts, despite repeated requests from the company and its new attorney.
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