March 1999 Volune 12 No3 - Utah State Bar

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The President's Message
by James C. Jenkins
Professional discipline is a core function of the Utah State
Bar. Disciplie is beneficial to members of the profession and
the public we serve. The Board of Bar Commssioners as a
matter of policy reviews the procedures and general operations
of the Offce of Professional Conduct. Over the last few years,
several changes have been made regardig the Bar's discipli-
nary functions. We recognize that discipline can be a positive
thig to help lawyers become better and to educate clients and
the public about our legal system.
Our primary objective has been to improve the effciency of
identing, screenig and prosecutig cases which have real
merit, and to reduce or eliminate unnecessary burdens upon
our member attorneys and the public because of warrantless or
frivolous claims. Much has been accomplished, in large par
due to the dedicated efforts of the Ethics and Discipline Com-
mittee, the staf at the Offce of Professional Conduct and the
success of our new Consumer Assistance Program.
The Bar's Ethics and Discipline Commttee is chaired by Ki
Wilson and is composed of four (4) screenig panels who review
cases referred by OPC for possible formal disciplie proceedigs.
Each panel consists of appointed attorneys and one (1) public
member. The Bar has petitioned the Supreme Court for authoriza-
tion to double the number of public members on the Committee
and wil soon seek appointment of four (4) additional public
members. Al members of the Commttee are volunteers and are
to be commended for the dedicated and valuable service.
The Offce of Professional Conduct is composed of five (5) full
time attorneys plus sta. Nearly twenty-five percent (25%) of
the Bar's budget is dedicated to our disciplie responsibilties.
During the last year OPC has successfuy reduced the number
of pending cases withi the discipline system, whie at the same
time has provided counsel and inormal opinions to hundreds
of practicing attorneys, conducted ethics schools, admiistered
termiated or abandoned law practices, and monitored several
supervsed attorneys. This accomplishment was aided by our
newly created Consumer Assistace Program.
The Consumer Assistance Program was initiated in September
of 1997 and just completed its first fu year. The Program is run
by Jeanine Timothy, an experienced attorney, who works part
time as the Program Coordinator. Whenever a client or member
of the public complais about an attorney, those complaits are
first referred to the Bar's main offce. The complainant is
inormed of our program and maied a complaint form for
processing. The procedure is professional, timely and effcient.
Jeanne responds to al formal requests for assistance withi a
few days from the tie of notifcation. The success of the Pro-
gram has been impressive.
In 1998 the Bar issued 1,893 forms for requested assistance. Of
those, 996 were completed and processed by Jeannie. Less
than seven percent (130 cases) of the original complaints were
referred to OPC for screenig or possible ethical violations. The
balance were inormaly resolved.
Jeannine reports many satisfied clients and attorneys who have
used or had experience with the Program. She reports that most
of the cases she handles involve domestic or crimal matters.
The overwhelmg number of complaits are about attorneys
faing to return phone cals or neglectig to communicate with
the client. Another signcant complaint is that the subject
attorney has been disrespectfl or abrasive when dealg with
the client. Whe generaly these complaints do not constitute
ethical violations, they are important to the offended client and
often require tie and resources to address.
Signicantly, OPC received 842 new cases during 1997. That
number was reduced by more than 50 percent (50%) to 411 in"
1998, in great part because of the coordiated efforts of OPC
and Jeannie to implement the Consumer Assistance Program.
I commend the volunteers, offcers and employees of the Bar
who work to constatly serve our membership and the public.
Their sensitive and conscientious contributions to the regulation
of our profession help enhance the public's image of lawyers
and protect our members from unneces-
sary or unwarranted complaints.
If you would like more information about
the Bar's public and membership services,
please contact us on the web at ww.uta-
bar.org or write or cal me at
jjenkisCionenet.net.
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