Utah Bar Journal

In summary:
A client asked the attorney's law firm to prepare and file the paperwork required to establish a charitable 501(c)(3) organization. The attorney did not make reasonable efforts to ensure that the attorney's law firm had in effect measures which would give reasonable assurances that the attorney's paralegals' conduct was compatible with the attorney's professional obligations. The attorney's paralegals accepted payment on behalf of the firm for the client's legal work. The work performed by the attorney's paralegals for the client was not directed or supervised by counsel. As part of the work performed for the client, the attorney's paralegals generated and signed correspondence to the client on firm letterhead in the attorney's name, which was not authorized by supervising attorneys.

PUBLIC REPRIMAND

On July 8, 2004, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court publicly reprimanded William J. Middleton for violation of Rules 1.1 (Competence) and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
Mr. Middleton was retained to represent a client with respect to a civil lawsuit. After foreclosure proceedings were initiated against the client, Mr. Middleton advised the client to file for Chapter 7 bankruptcy. Mr. Middleton prepared the petition for Chapter 7 bankruptcy. The client's bankruptcy was filed incorrectly because the pending civil lawsuit and counterclaim were omitted. Several months later Mr. Middleton withdrew from representation with regard to the civil litigation.

DISBARMENT

On June 11, 2004, the Honorable Frank G. Noel, Third Judicial District Court Judge entered Findings of Fact, Conclusions of Law, and Order of Disbarment disbarring Francis Angley from the practice of law.

In summary:
During 2001-2002, the Office of Professional Conduct ("OPC") received four insufficient funds notices from Mr. Angley's bank concerning his trust account. The OPC sent Notices of Informal Complaint ("NOIC") in each of the matters to Mr. Angley. Mr. Angley responded to the NOICs, but did not fully explain the overdraft or provide documents requested by the OPC.

In another matter, Mr. Angley was retained to represent a client in a criminal matter. Mr. Angley provided to the client a nonrefundable flat-rate contract, but failed to inform the client that the client would be entitled to a disgorgement of all or part of the nonrefundable flat fee. The client entered into a plea in abeyance upon condition that the client provide a psychiatric evaluation. Mr. Angley obtained the evaluation, but failed to submit it on his client's behalf to the prosecutor. Mr. Angley thereafter failed to communicate with the client. In a second matter, Mr. Angley represented a client in a civil matter while he was on an administrative suspension. In a third matter, Mr. Angley was retained to represent a client in a divorce matter. Mr. Angley failed to inform the client of hearings, he failed to forward discovery requests to the client in a timely manner, he failed to attend two hearings, and he failed to provide the client with an accounting of fees earned.

Mr. Angley failed to comply with an Order of Interim Suspension. Specifically, he failed to comply with Rule 26 of the Rules of Lawyer Discipline and Disability ("RLDD"), which required that Mr. Angley inform clients of his interim suspension and file an affidavit of compliance of Rule 26 RLDD with the OPC. Also, in his application for admission to the Utah State Bar, Mr. Angley failed to disclose that he was cited in two criminal traffic complaints.

Aggravating factors include: Dishonest or selfish motive; pattern of misconduct, including misuse of funds held in trust; multiple offenses; obstruction of the disciplinary proceedings by intentionally failing to comply with rules or orders of the disciplinary authority, engaging in deceptive practices during the disciplinary process when he made misrepresentations to the Court concerning winding down his practice; refusing to acknowledge the wrongful nature of the misconduct involved; failing to make any effort to rectify the consequences of his misconduct; engaging in illegal conduct in connection with misuse of his trust account; and unsatisfied tax lien against him.

Mitigating factors include: no prior record of discipline; inexperience in the practice of law; and some honest conduct in specific cases.

RESIGNATION WITH DISCIPLINE PENDING

On July 19, 2004, the Honorable Christine M. Durham, Chief Justice, Utah Supreme Court, entered an Order Accepting Resignation with Discipline Pending concerning Michael N. Behunin.

In summary:
On June 6, 2000, Mr. Behunin entered a guilty plea to Conspiracy to Defraud the Government/Conspiracy to Commit Mail Fraud, Wire Fraud and Conspiracy to Defraud the United States. Mr. Behunin submitted a Petition for Resignation with Discipline Pending to the Utah Supreme Court on June 15, 2004. Mr. Behunin's petition admits that the facts constitute grounds for discipline.

INTERIM SUSPENSION

On July 2, 2004, the Honorable J. Dennis Frederick, Third Judicial District Court entered an Order of Interim Suspension, suspending James H. Tily from the practice of law pending final disposition of the Complaint pending against him.

In summary:On March 9, 2004, Tily entered a plea of guilty to robbery, Utah Code ¤ 76-6-301, a second-degree felony. The interim suspension is based upon this conviction.