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ADMONITION
On December 15, 2003, an attorney was admonished by the Honorable Timothy R. Hanson, Third Judicial District Court for violation of the Rules of Professional Conduct.
(The Order was not explicit about which Rule was violated).
In summary:
The attorney represented a plaintiff in a civil matter. The defendant in the case intended to call the
plaintiff's attorney as a fact witness at trial, and notified the plaintiff's attorney shortly before trial. A few days prior to the scheduled trial, the plaintiff's attorney and the
defendant's attorney filed a joint motion for continuance of the trial date, based in part on the grounds that the defendant intended to call the plaintiff's attorney as a witness. The
joint motion required the plaintiff's attorney to withdraw from representation, requiring the plaintiff to obtain new counsel. The court granted the joint motion to continue the trial
date. Thereafter, the plaintiff's attorney did not withdraw, but rather filed a certificate of readiness for trial. A second trial date was scheduled, and again, it became apparent that
the plaintiff's attorney would be a witness at trial. The plaintiff's attorney therefore sought another postponement, which the trial court granted. The court entered an order allowing
withdrawal. Thereafter, the plaintiff's attorney continued to act as counsel for the plaintiff until another attorney filed a formal appearance on behalf of the plaintiff.
Aggravating factors include: prior sanctions.
Mitigating factors include: the rule requiring withdrawal is not explicit concerning the time for withdrawal; the attorney was continuing
to assist his client.
ADMONITION
On January 5, 2004, an attorney was admonished by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court for
violation of Rules 1.3 (Diligence), 1.5(a) and (b) (Fees), 1.15(b) (Safekeeping Property), and 8.4(a) and (c) (Misconduct) of the Rules of Professional Conduct.
In summary:
An
attorney was retained to file a writ of habeas corpus on behalf of the clients' adult child. The clients paid the attorney more than $750. The attorney did not provide a written fee
agreement outlining the basis and rate of his fee. The attorney failed to send billing statements to the clients. The attorney failed to take steps to advance the petition. The attorney
gave the clients fictitious court dates and later told the clients the court dates were canceled. The attorney failed to file an appearance in the case and the court did not know the
attorney was involved. The attorney did not make corrections to the petition as directed by the court.
PUBLIC REPRIMAND
On January 5, 2004, the Chair of the Ethics and
Discipline Committee of the Utah Supreme Court publicly reprimanded Craig R. Chlarson for violation of Rules 8.4(a), (b), and (c) (Misconduct) of the Rules of Professional Conduct.
In summary:
Mr. Chlarson obtained unemployment benefits from the State of Utah's Department of Workforce Services, to which he was not entitled, while he was employed and earning
wages. The funds went principally to Mr. Chlarson's ex-wife, but Mr. Chlarson endorsed and cashed some of the benefit checks issued. On March 17, 2003, Mr. Chlarson entered a plea in
abeyance to one count of Unemployment Compensation - False Statement, a Second Degree Felony.
Mitigating factors over the objections of the Office of Professional Conduct include:
the wrongdoing is unrelated to the practice of law; financial distress; the funds primarily went to Mr. Chlarson's ex-wife; his inactive status with the Bar; his entry of a plea in
abeyance (which will result in dismissal of the criminal proceedings); payment of restitution, and community service; and his willingness to express regret and accept responsibility.
ADMONITION
On January 5, 2004, an attorney was admonished by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court for violation of Rules 1.4
(Communication), 3.1 (Meritorious Claims and Contentions), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
In summary:
An attorney was retained to represent a
client in a child visitation case. The attorney failed to adequately communicate the cost of pursuing the case to the client. The attorney did not send a billing statement to the client
until a Bar complaint was filed. The billing statement was inaccurate because the attorney did not keep accurate time records. The attorney filed a collection action against the client
although the attorney agreed to do the work for less than the amount of the collection action.
ADMONITION
On January 5, 2004, an attorney was admonished by the Chair of
the Ethics and Discipline Committee of the Utah Supreme Court for violation of Rules 5.5(a) (Unauthorized Practice of Law) and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
In summary:
An attorney was suspended from the practice of law for non-payment of Bar dues. While on suspension for non-payment of fees, the attorney filed two response briefs
in two different cases pending before the court.
Mitigating factors include: absence of prior record of discipline and cooperative attitude toward the Office of Professional
Conduct's proceedings.
ADMONITION
On January 7, 2004, 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) and 8.4 (Misconduct) of the Rules of Professional Conduct.
In summary:
An attorney was retained to represent a client in a disability
compensation claim. Two days before the hearing, the attorney requested that the hearing be rescheduled because the witnesses the attorney had subpoenaed were out of town. An
administrative law judge ("ALJ") informed the attorney by faxed letter that if proof of service of the subpoenas were provided, the ALJ would decide the issue of continuance at
the hearing. Approximately one hour after the ALJ faxed the letter to the attorney, the attorney called another administrative law judge to sign subpoenas for the witnesses. The attorney
had subpoenaed the witnesses pursuant to district court procedure, and not in accordance with administrative procedure.
PUBLIC REPRIMAND
On January 14, 2004, the Chair
of the Ethics and Discipline Committee of the Utah Supreme Court publicly reprimanded Brian C. Harrison for violation of Rules 1.3 (Diligence), 1.4(a) and (b) (Communication), 1.5(a) and
(b) (Fees), 1.16(a) (Declining or Terminating Representation), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
In summary:
Mr. Harrison was retained to enforce
two private agreements reached between his client and the client's former spouse. Mr. Harrison took six months to appropriately respond to the client, and then informed the client that
there were no grounds to enforce the agreements. Mr. Harrison also failed to follow up on a request from the client to secure the signature of the client's former spouse to sell their
trailer. Mr. Harrison failed to return the client's telephone calls or respond to the client's letters. Mr. Harrison's fee was excessive in light of what was accomplished and the level of
communication provided. Mr. Harrison failed to provide a written fee agreement although the retainer he requested exceeded $750. Mr. Harrison unreasonably delayed in providing the client
with a billing statement, and did not provide sufficient information to communicate the basis of the fee. Mr. Harrison failed to withdraw from the representation until five months after
his services were terminated.
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