On July 18, 2008, the Vice-Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Admonition against an attorney for violation of Rules 1.2(c) (Scope of Representation and Allocation of Authority Between Client and Lawyer), 1.2(d) (Scope of Representation and Allocation of Authority Between Client and Lawyer), 8.4(c) (Misconduct), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
An attorney represented a client in a real estate transaction. Attorney was left alone with the closing documents after the documents, including a deed, had been executed. The attorney removed the original, two-page version of the legal description and attached an altered version of the property’s legal description to the quit claim deed. The attorney made the changes while alone with the executed documents. The attorney altered a signed deed, delivered to be recorded, by changing property description, and by whiting out the stated number of pages on the deed’s face. The attorney did not intend to misrepresent or defraud anyone, but was attempting to correct what he understood to be a ministerial error that had been made when the wrong description was attached.
On July 16, 2008, the Honorable Dino Himonas, Third District Court entered an Order of Discipline: Probation for one year against Mark R. Emmett for violation of Rules 1.3 (Diligence), 1.4(b) (Communication), 1.16(d) (Declining or Terminating Representation), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
Mr. Emmett represented a debtor in a Chapter 7 bankruptcy matter. Mr. Emmett failed to file papers required to advance the bankruptcy matter, including the Statement of Financial Affairs and Schedules. Mr. Emmett did not inform his client that he had ceased work on her case. Due to Mr. Emmett’s failure to file the required papers, the court dismissed his client’s bankruptcy case, and Mr. Emmett failed to inform his client of the dismissal. Mr. Emmett suffered from depression. Mr. Emmett did not withdraw from his representation of his client once it became apparent his mental condition was impairing his ability to pursue the matter.
Resigned with Displine Pending
On May 16, 2008, the Honorable Christine M. Durham, Chief Justice, Utah Supreme Court, entered an Order Accepting Resignation with Discipline Pending concerning Wesley F. Sine.
On February 4, 2005, Mr. Sine was found guilty of four counts of mail fraud pursuant to United States Code, Title 18, section 1341. Mr. Sine was sentenced to serve 70 months in prison and ordered to pay $2,294,000.00 in restitution to the victims.