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RESIGNATION WITH DISCIPLINE PENDING
On January 21, 2003, the Honorable Christine Durham, Chief Justice, Utah Supreme Court, entered an Order Accepting Resignation
Pending Discipline concerning Ronald W. Flater.
In summary:
The Office of Professional Conduct received three complaints against Mr. Flater concerning immigration matters. The
complaints allege that Mr. Flater incorrectly completed or failed to complete immigration petitions on behalf of the clients. All three clients primarily dealt with Mr. Flater's
assistant, although Mr. Flater reviewed and signed the documents. In two cases, Mr. Flater failed to respond to the clients or their attorney. In two of the cases, Mr. Flater failed to
respond to the OPC's requests for information.
ADMONITION
On January 13, 2003, an attorney was admonished by the Chair of the Ethics and Discipline Committee for
violation of Rules 1.15(b) and (c) (Safekeeping Property), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
In summary:
The attorney was retained to represent a
client in a personal injury matter, which occurred during the course of the client's employment. The Workers' Compensation Insurance providers had a statutory lien claim against any funds
received as a result of the personal injury case. The attorney advised the client to set up attorney liens with the client's medical providers. The personal injury claim was resolved
through arbitration. As a result of arbitration, the attorney received a check for the arbitration award. The attorney failed to notify the lien holders about the arbitration award. The
attorney also failed to hold the award funds until there was an accounting and severance of the interests of the lien holders, the client, and the attorney. Instead, the attorney deducted
attorney's fees and costs and issued a check to the client for the remainder of the award.
ADMONITION
On February 3, 2003, an attorney was admonished by the Chair of the
Ethics and Discipline Committee for violation of Rules 1.4(b) (Communication), 1.5(a) (Fees), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(a) (Misconduct) of the Rules of
Professional Conduct.
In summary:
An attorney was retained to represent a client in a criminal matter. The client required to communicate with the attorney through a family
member, as the client was in jail and was not fluent in English. The attorney failed to take adequate steps to ensure that there was an understanding with respect to the representation
between the client and the attorney. The attorney failed to send letters to the client and failed to determine whether the family members served as adequate and appropriate conveyors of
information. The attorney failed to refund the unearned portion of the fee to the client, and failed to include refund language in the fee agreement in the event of termination or
withdrawal. The attorney failed to respond to the Office of Professional Conduct's Notice of Informal Complaint.
STAYED SUSPENSION
On December 31, 2002, the Honorable J.
Brent West, Second Judicial District Court, entered an Order of Discipline suspending Stuwert B. Johnson, from the practice of law for six months for violation of Rule 1.1 (Competence),
1.2(a) (Scope of Representation), 1.3 (Diligence), 1.4(a) (Communication), and 8.4(a) and (c) (Misconduct) of the Rules of Professional Conduct. The suspension was stayed in favor of
unsupervised probation for a period of six months. Mr. Johnson was also ordered to attend Ethics School within one year.
In summary:
In one matter, Mr. Johnson was retained by a
client to prepare and file a request for a restraining order against the client's ex-husband. Mr. Johnson failed to file the request in a timely fashion, and failed to promptly return the
client's retainer fee. In a second matter, Mr. Johnson filed a Complaint in the United States District Court on behalf of a client. Mr. Johnson failed to diligently prosecute the matter,
failed to keep the client reasonably informed of the status of the case, and made misleading statements concerning the status of the case. In a third matter, Mr. Johnson represented a
client in a personal injury matter. Mr. Johnson allowed a member of his staff to take the client's file home to work on the case. The staff member kept the file, delaying resolution of
the matter. When the file was returned, Mr. Johnson failed to act with reasonable diligence in concluding the case, and delayed in paying medical providers. In another two matters, Mr.
Johnson resolved the bar complaints by forgiving any outstanding attorney's fees he claims are owed by the clients.
Aggravating factors include: prior record of discipline, pattern
of misconduct, multiple offenses, and substantial experience in the practice of law.
Mitigating factors include: substantial efforts to correct his office procedures so as to
improve client communications, and more diligent representation.
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