Discipline Corner
PUBLIC REPRIMAND
On August 10, 2004, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court publicly reprimanded Brent R. Chipman for violation of Rules 1.3 (Diligence), 1.5(b) (Fees), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
In summary:
Mr. Chipman was retained to represent a client in a divorce case. Mr. Chipman did not communicate the rate or basis of his fee in writing to the client. Mr. Chipman agreed to prepare a Qualified Domestic Relations Order ("QDRO") for the client. Mr. Chipman failed to complete the QDRO despite numerous requests from the client over a two year period to complete the work.
SUSPENSION
On August 10, 2004, the Honorable Anthony Quinn, Third Judicial District Court entered an Order of Suspension: Six Months and One Day Suspension, suspending Sheryl L. Gardner Bunker from the practice of law for violation of Rules 1.1 (Competence), 1.7(a) (Conflict of Interest: General Rule), 3.3(d) (Candor Toward the Tribunal), 3.4 (Fairness to Opposing Party and Counsel), 3.7 (Lawyer as a Witness), and 8.4(a) and (d) (Misconduct) of the Rules of Professional Conduct.
In summary:
Ms. Bunker answered questions about divorce, court procedures, and the legal process posed by both parties in a divorce proceeding. She also gave both parties copies of Utah laws dealing with divorce. After the divorce case had been initiated, the district court disqualified Ms. Bunker from appearing as counsel for one of the parties because Ms. Bunker was a witness on substantive issues. Ms. Bunker continued to assist one of the parties by helping type pleadings, lending forms and sample pleadings, and discussing legal options and procedures.
In the same case, Ms. Bunker later filed a Motion for Protective Order and for Attorney Fees on behalf of two officers of one of her corporate clients. Ms. Bunker did not consult with and obtain a written waiver of conflicts of interest from the relevant parties. The Motion for Protective Order concerned depositions sought by one of the parties to the divorce. In connection with the motion, Ms. Bunker assisted one of the officers in blacking out relevant portions of documentary evidence and filed it with an affidavit in support of the motion. Although Ms. Bunker attempted to serve notice of the motion on opposing counsel, service was not successful. The presiding judge for the district court heard Ms. Bunker's Motion for Protective Order in the absence of the judge assigned to the case. Ms. Bunker did not inform the presiding judge what information had been blacked out in the redacted documentary evidence when she obtained an ex parte order from the judge vacating the witnesses' scheduled deposition.
PROBATION
On August 3, 2004, the Honorable J. Dennis Frederick, Third Judicial District Court entered an Order of Discipline: Probation, placing Annalisa A. Steggell on probation for a period of one year. The Office of Professional Conduct ("OPC") alleged violations of Rules 4.3(b) (Dealing with Unrepresented Party), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
In summary:
Ms. Steggell represented a client in a divorce case. The client's spouse claimed that Ms. Steggell represented that she was a neutral party who would act as a mediator during the divorce proceedings and made no effort to correct the spouse's misunderstanding. The spouse was unrepresented. Ms. Steggell failed to respond to the OPC's reasonable requests for information or attend the Utah Supreme Court's Ethics and Discipline Committee's Screening Panel Hearing.