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SUSPENSION
On August 21, 2000, the Honorable Anne M. Stirba, Third Judicial District Court, entered an Order of Discipline suspending Thomas Rasmussen for one year for
violation of Rules 1.5(a) and (b) (Fees), 1.15(a) (Safekeeping Property), 5.1(a) and (b) (Responsibilities of Partner or Supervisory Lawyer), 5.3 (Responsibilities Regarding
Nonlawyer Assistants), 7.5(d) (Firm Names and Letterheads), and 8.4(a) (Misconduct) of the Rules of Professional Conduct. The entire one year suspension was stayed; Rasmussen
was placed on supervised probation for one year.
Rasmussen was retained to represent a client in a legal dispute regarding purchase of a business. The client paid Rasmussen an advance of attorney's fees that
substantially exceeded $750. Rasmussen did not provide the client with a retainer agreement. Rasmussen assigned the client's matter to his assistant and thereafter failed to
properly supervise the assistant. The client paid Rasmussen additional monies; the additional monies constituted an excessive fee. Rasmussen failed to keep an accounting of
the fees paid by the client and failed to promptly provide the client with an accounting when one was requested. Rasmussen failed to promptly transfer funds out of his trust
account as fees were earned. Rasmussen failed to adequately supervise his non-lawyer employee. Rasmussen's letterhead misrepresented the status of his association with another
attorney.
Mitigating circumstances include: no prior record of discipline; lack of dishonest or selfish motive; cooperative attitude toward disciplinary proceedings; and
remorse.
Aggravating circumstances include: vulnerability of the victim and substantial experience in the practice of law.
ADMONITION
On February 21, 2001, an attorney was admonished by the Chair of the Ethics and Discipline Committee of the Utah State Bar for violation of Rule 1.9(b) (Conflict of
Interest: Former Client) of the Rules of Professional Conduct.
The attorney was legal counsel for an association. The attorney later was terminated as legal counsel for the association. Thereafter, the attorney began
representing a group of individuals whose interests were adverse to the association. The association never agreed to waive the conflict of interest created when the attorney
undertook representation of the group of individuals. During the course of representing the group, the attorney used information concerning the association to its disadvantage.
ADMONITION
On March 1, 2001, an attorney was admonished by the Chair of the Ethics and Discipline Committee of the Utah State Bar for violation of Rules 1.3 (Diligence) and
1.4(a) (Communication) of the Rules of Professional Conduct.
For a three year period, while working as a solo practitioner, the attorney failed to keep a number of clients reasonably informed about the status of their matters
and did not promptly comply with those clients' reasonable requests for information. The attorney failed to act with reasonable diligence and promptness in representing a
number of clients.
Mitigating circumstances include: absence of dishonest or selfish motive; personal or emotional problems; good faith effort to rectify the consequences of the
misconduct involved; inexperience in the practice of law; and remorse. The attorney also agreed to submit to binding fee arbitration.
SUSPENSION
On March 6, 2001, the Honorable Robert T. Braithwaite, Fifth Judicial District Court, entered an Order of Discipline by Consent suspending E. Kent Winward for six
months for violation of Rule 8.4(c) (Misconduct) of the Rules of Professional Conduct. The entire six month suspension was stayed.
Winward was charged with forgery as a result of his having signed another person's name on a check and depositing that check in connection with a real estate
transaction. Winward was convicted and sentenced to a term of one to fifteen years in the Utah State Prison. In addition, Winward was suspended from the practice of law.
Winward appealed his conviction and the conviction was overturned. Winward later entered into a diversion agreement with the Iron County Attorney's Office and has since
successfully completed the terms of that agreement.
Mitigating circumstances include: imposition of other penalties and sanctions.
SUSPENSION
On March 13, 2001, the Honorable Leslie A. Lewis, Third Judicial District Court, entered an Order of Discipline suspending Steven Lee Payton for six months for
violation of Rule 4.4 (Respect for Rights of Third Persons) of the Rules of Professional Conduct. The entire six month suspension was stayed and Payton was placed on probation
for one year, effective January 17, 2001.
Payton used his office as an attorney and officer of the court to contact and communicate with an individual's employer for no substantial purpose other than to
embarrass the individual. Further, Payton used his office as an attorney and officer of the court to improperly seek private information from an individual's employer.
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