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Discipline Corner
DISBARMENT
On March 25, 2002, the Honorable Thomas M. Higbee, Fifth Judicial District Court, Civil No. 010501706, entered an Order of Disbarment disbarring Garry Erickson from
the practice of law for violation of Rules 1.1 (Competence), 1.3 (Diligence), 1.4(a) (Communication), 1.5(a) (Fees), 1.15(b) (Safekeeping Property), 1.16(d) (Declining or Terminating
Representation), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(a) and (d) (Misconduct) of the Rules of Professional Conduct.
Erickson represented a client in a wrongful death lawsuit. He failed to deliver the settlement funds or provide an accounting to his client. He failed to file the lawsuit, failed to keep
the client appraised of its status and failed to advise the client of the applicable statute of limitations. Erickson relocated his office and abandoned representation of the client,
failing to protect the interests of the client. He thereafter failed to respond to the OPC's requests for information.
In two other cases, Erickson represented clients in a medical malpractice lawsuit and a property recovery case. He failed to keep the clients appraised of the status and failed to advise
the clients of the statute of limitations in each matter. Erickson relocated his office and abandoned representation of the clients, failing to protect the interests of the clients. He
thereafter failed to respond to the OPC's requests for information.
Aggravating factors: prior record of discipline, dishonest or selfish motive, a pattern of misconduct, multiple offenses, obstruction of the disciplinary proceeding by intentionally
failing to comply with rules or orders of the disciplinary authority, refusal to acknowledge the wrongful nature of the misconduct involved, substantial experience in the practice of law,
lack of good faith effort to make restitution or to rectify the consequences of the misconduct involved, and illegal conduct.
SUSPENSION
On March 1, 2002, the Honorable Pamela G. Heffernan, Second Judicial District Court, Civil No. 020900608AT, entered an Order of Suspension, suspending Russell T.
Doncouse from the practice of law, effective March 1, 2002, for a period of ninety days, for violation of Rules 1.1 (Competence), 1.3 (Diligence), 1.8(h) (Conflict of Interest: Prohibited
Transactions), 3.1 (Meritorious Claims and Contentions), 5.5 (Unauthorized Practice of Law), and 8.4(a) and (d) (Misconduct) of the Rules of Professional Conduct.
Doncouse represented a client in a personal injury claim. Although the medical evidence suggested the claim was frivolous, he continued to represent the client. He failed to timely file
the Complaint and missed the applicable statute of limitations. He filed the Complaint late, but it was dismissed. Because of his negligent handling of the claim, Doncouse entered into an
agreement with the client and agreed to pay the client's medical expenses. The client did not have an opportunity to seek independent legal advice prior to signing the agreement.
During his representation of this client, Doncouse was administratively suspended from the practice of law for failure to pay annual Utah State Bar licensing fees.
Mitigating factors: cooperative attitude toward the disciplinary proceedings, lack of dishonest motive, suffered some emotional problems which may have contributed to some of his
misconduct.
SUSPENSION
On February 28, 2002, the Honorable Ernest W. Jones, Second Judicial District Court, Civil No. 000903564, entered an Order of Suspension suspending Frank A. Berardi
from the practice of law for a period of two years for violation of Rules 1.3 (Diligence), 1.4 (Communication), 1.16 (Declining or Terminating Representation), 5.3 (Responsibilities
Regarding Non-Lawyer Assistants), 5.4(a) and (b) (Professional Independence of a Lawyer), 5.5 (Unauthorized Practice of Law), and 8.1 (Bar Admission and Disciplinary Matters) of the Rules
of Professional Conduct in his representation of eight clients. Berardi was ordered to wind up his law practice within ninety days of the date of the order; therefore, Berardi may not
practice law beyond May 29, 2002.
Berardi employed a paralegal at his law firm. He permitted his paralegal to interview clients, provide legal advice, and accept retainers. He shared legal fees with the paralegal. He
failed to ensure that all money collected from the clients by the paralegal were deposited in the law firm's trust account. He failed to attend court hearings on behalf of four clients.
He failed to communicate with three of his clients or keep them appraised as to the status of their cases. In one instance, he failed to return the client's file until approximately
seventy-five days after his services were terminated and he failed to refund the unearned portion of a retainer fee. He failed to respond to the Office of Professional Conduct's requests
for information in six separate matters.
Aggravating factors: dishonest or selfish motive, pattern of misconduct, multiple offenses, obstruction of disciplinary proceedings, submission of false evidence, false statements, and
other deceptive practices during the disciplinary process, refusal to acknowledge the wrongful nature of the misconduct involved, vulnerability of victim, and lack of good faith effort to
make restitution or rectify the consequences of the misconduct involved.
Mitigating factors: no prior record of public discipline, inexperience in the practice of law, and good character or reputation.
INTERIM SUSPENSION
On March 19, 2002, the Honorable David L. Mower, Sixth Judicial District Court, Civil No. 020600010AT, entered an Order of Interim Suspension, suspending
Jeffrey P. Gleave from the practice of law on an interim basis pursuant to Rule 19, Rules of Lawyer Discipline and Disability, until the conclusion of the disciplinary action against him.
On February 7, 2001, Gleave was convicted of Damage to or Interruption of a Communication Device in violation of Utah Code ¤ 76-6-108, Assault, Domestic Violence in violation of Utah Code
¤¤ 76-5-102 and 77-36-1, Child Abuse in violation of Utah Code ¤ 76-5-109.1(2)(c), Aggravated Assault Against a Peace Officer in violation of Utah Code ¤¤ 76-5-103 and 76-5-102.4, and
Possession of a Controlled Substance in violation of Utah Code ¤ 58-37-8(2)(a). The interim suspension is based upon these convictions.
PUBLIC REPRIMAND
On March 8, 2002, the Honorable J. Dennis Frederick, Third Judicial District Court, Civil No. 020901910, entered an Order of Public Reprimand on behalf of the
Supreme Court of the State of Utah, reprimanding Charles F. Loyd for his misconduct before the Tenth Circuit Court of Appeals which was the subject of reciprocal discipline in the United
States District Court for the District of Utah. Specifically, Mr. Loyd's public reprimand is for violations of Rule 1.3 (Diligence), Rule 3.2 (Expediting Litigation), and 8.4 (Misconduct)
of the Rules of Professional Conduct.
ADMONITION
On March 13, 2002, an attorney was admonished by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court for violation of Rules 1.15(a) (Safekeeping
Property) and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
The Office of Professional Conduct received two overdraft notices regarding a law firm's trust account. At all relevant times, the attorney was a signatory on the law firm's trust account,
and was responsible for it. In one instance, the attorney's law clerk wrote a check against funds deposited in the law firm's trust account, without confirming whether there were
sufficient funds in the account to cover the check. The bank honored the check, leaving an overdraft against the attorney's trust account.
In another instance, the attorney expected two wires to be credited to the law firm's trust account. The attorney issued checks against them before both wires had been credited to the
account. The bank honored the checks, leaving an overdraft against the attorney's trust account.
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