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INTERIM SUSPENSION
On July 14, 2003, the Honorable Gary D. Stott, Fourth Judicial District Court, entered a Ruling on Motion for Interim Suspension Pursuant to Rule 19, placing
Dean N. Zabriskie on interim suspension.
In summary:
Mr. Zabriskie was convicted of two federal offenses that directly reflect on his honesty and fitness as a lawyer.
ADMONITION
On July 23, 2003, 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) and
8.4(a) (Misconduct) of the Rules of Professional Conduct.
In summary:
An attorney was retained to represent a client in a personal injury claim. The attorney failed to file a
complaint or resolve the client's complaint before the expiration of the statute of limitations. When the attorney discovered the statute of limitations for the client's claim had run,
the attorney informed the client and provided contact information for the attorney's malpractice insurance carrier.
ADMONITION
On July 31, 2003, an attorney was
admonished by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court for violation of Rules 1.5(a) (Fees) and 1.16(d) (Declining or Terminating Representation) of the
Rules of Professional Conduct.
In summary:
An attorney was retained to represent a client in a criminal case. The client paid a retainer to the attorney. The attorney sent a fee
agreement, but the client did not return the fee agreement to the attorney. The attorney did not return the unearned portion of the retainer within a reasonable time after terminating the
representation.
Mitigating factors include: no prior record of discipline, no dishonest or selfish motive, promptly rectified the consequences of the misconduct, and cooperated
with the OPC.
ADMONITION
On August 4, 2003, 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), 1.4(a) (Communication), 8.4(a) (Misconduct), and 8.4(d) (Misconduct) of the Rules of Professional Conduct.
In summary:
An attorney was retained to
represent a client to seek a temporary restraining order and a child custody order. The attorney was directed by the court to prepare an order. The attorney did not prepare the order and
did not keep the client reasonably informed of the status of the case. The court issued an order to show cause why the case should not be dismissed for lack of prosecution.
Mitigating factors include: no prior record of discipline, lacked dishonest or selfish motive, cooperative attitude toward proceedings, inexperience in the practice of law at the time of
misconduct, and mental disability or impairment.
ADMONITION
On August 7, 2003, 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:
As an inactive member of the
Utah State Bar, the attorney was asked by a family member to send a letter to a debtor. The attorney represented to the debtor that the attorney was licensed to practice law in the State
of Utah, despite being an inactive member of the Utah State Bar.
Mitigating factors include: absence of prior record of discipline, cooperative attitude toward proceedings,
remorse, and inexperience in the practice of law.
ADMONITION
On August 25, 2003, an attorney was admonished by the Chair of the Ethics and Discipline Committee of the
Utah Supreme Court for violation of Rule 1.15(b) (Safekeeping Property) of the Rules of Professional Conduct.
In summary:
The attorney withdrew from representing a company. The
company was a plaintiff in a lawsuit. The defendant in the lawsuit sent a check to the attorney. The attorney did not promptly notify the company upon receiving the check in which the
company had an interest. The attorney's failure to properly manage the client's payment was based on inattention and was not knowingly or intentional. Further, the attorney's action
caused little or no injury to the client.
Mitigating factors include: inexperience, no record of discipline, no dishonest or selfish motive, promptly rectified the consequences of
the misconduct, cooperated with the OPC.
SUSPENSION
On August 20, 2003, the Honorable Frank G. Noel, Third Judicial District Court, entered a Judgment and Order of
Suspension, suspending Daniel R. Boone for a period of ninety days. Mr. Boone's suspension is effective September 19, 2003.
In summary:
Mr. Boone was retained to assist a client
in recouping a judgment against an ex-spouse who had filed bankruptcy. Mr. Boone thereafter failed to respond to his client's requests for information, failed to communicate with the
client, and failed to provide the file to the client. Mr. Boone failed to comply with the Office of Professional Conduct's requests for information.
Mitigating factors include: Mr.
Boone asserted physical disability and the Court agreed that this may have accounted for some of the delay in responding to his client. However, the physical disability did not show a
causal relationship in Mr. Boone's failure to cooperate with the disciplinary investigation.
Aggravating factors include: prior discipline, multiple offenses, substantial
experience as a lawyer, and injury to the legal system.
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