March 1999 Volune 12 No3 - Utah State Bar

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18
State Bar News
Discipline Corner
ADMONITION
On July 30,1998, an attorney was admonished by the Chai of
the Ethics and Discipline Commttee of the Utah State Bar for
violation of Rule 1.5 (Safekeeping Propert) ofthe Rules of
Professional Conduct. The attorney was also ordered to attend
the Utah State Bar Ethics School and to attend courses on
admistering offce trust accounts. The discipline was based
on a stipulation between the attorney and the Offce of Profes-
sional Conduct.
The OPC received several overdraf notices regarding the attor-
ney's trust account. Various circumstances led to the overdrafs
on the trust account, includig the attorney's issuance of checks
the day of deposit when the deposit had not yet been posted; the
attorney's issuance of checks which were the result of settle-
ment checks paid out of the trust account when money from
that account had aleady been earned as attorney's fees and
withdrawn, leavig the account short of money with which to
pay the settlement amount; and a clerical error in which a staf
member wrote a check on the wrong account.
ADMONITION
On August 6, 1998, an attorney was admonished by the Chair of
the Ethcs and Discipline Commttee of the Utah State Bar for
violation of Rules 1. 5 ( Safekeeping Propert) and 8.4 ( c)
(Misconduct) of the Rules of Professional Conduct. The attor-
ney was also ordered to attend the Utah State Bar Ethics School.
The discipline was based on a stipulation between the attorney
and the Offce of Professional Conduct.
The attorney wrote a check to opposing counsel with a cover
letter stating that funds from the attorney's client had been
deposited into the attorney's trust account. 1\o days later the
attorney went to the bank to deposit the client's funds, and
discovered that the check maied to opposing counsel was
drawn on an account that the attorney had previously closed.
The attorney faxed a latter to opposing counsel statig that the
trust account on which the check had been drafed was closed
and promptly sent a replacement check.
ADMONITION
On November 11, 1998, an attorney was admonished by the
Chair of the Ethics and Disciplie Commttee of the Utah State
Bar for violation of Rules 1. (Dilgence) and 1.4 (Communica-
tion) of the Rules of Professional Conduct.
A client retained the attorney to defend him in a divorce action.
The attorney did no work on the case, and a default judgment
was entered against the client. The client repeatedly attempted
to communicate with the attorney, but these attempts were
usualy not successfu. The attorney faied to have the default
judgment set aside.
On October 8, 1998 a Screening Panel of the Ethcs and Disci-
pline Commttee heard the matter and determined that an
admonition was appropriate disciplie.
ADMONITION
On November 30, 1998, an attorney was admonished by the
Chair of the Ethics and Discipline Commttee of the Utah State
Barfor violation of Rule 1.5 (Fees) of the Rules of Professional
Conduct. The attorney was also ordered to imediately refund
the unearned balance of the retaier fee to the client. The disci-
plie was based on a stipulation between the attorney and the
Offce of Professional Conduct.
A couple retaned the attorney to represent them in various
matters involving child support arrearages. Eventually, this
work came to include representing the couple in a civi action.
The attorney did not communicate to the clients in writig the
basis or rate of the fee he would charge them for performig
legal servces on their behal. The attorney no longer represents
the clients.
ADMONITION
On December 8, 1998, an attorney was admonished by the
Chair of the Ethics and Discipline Committee of the Uta State
Bar for violation of Rule 1.8 (Confct of Interest: Prohibited
Transactions) of the Rules of Professional Conduct.
The attorney was retaied to represent a client in a divorce
proceedig. The client had substantial unsecured credit card
debt and the only asset of any value was the marital home. At
the tie of the proceeding, there was equity in the marital
home. During the course of the proceedig, the attorney rued a
notice of attorney's lien and appearance.