Utah Bar Journal

In summary:
The attorney failed to meet with the client prior to filing bankruptcy on behalf of the client. The attorney failed to review the petition and failed to correct the contact information for the client before filing it with the court. The attorney failed to communicate with the client and failed to explain the bankruptcy process to the client.

ADMONITION
On September 15, 2005, the Chair of the Ethics and Discipline Committee entered an Order of Discipline: Admonition against an attorney for violations of Rules 1.15(b) (Safekeeping Property) and 8.1(b) (Bar Admission and Disciplinary Matters) of the Rules of Professional Conduct.

In summary:
The attorney did not provide an accounting to another attorney representing a clinic after a lien had been placed on monies earned from a lawsuit. The attorney also failed to respond to the Office of Professional ConductÕs Notice of Informal Complaint.

DISBARMENT
On October 21, 2005, the Honorable Robert K. Hilder, Third Judicial District Court, entered Findings of Fact, Conclusions of Law, and Order of Disbarment, disbarring David J. Burns from the practice of law for violations of Rules 1.15(a) (Safekeeping Property), 1.15(b) (Safekeeping Property), 1.15(c) (Safekeeping Property), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
While employed at a law firm, Mr. Burns directed two clients on three occasions to make payments directly to him. Once payment was received, Mr. Burns either wrote off the payment amount or issued a courtesy discount on the firm's billings for the clients. The firm discovered the missing funds based on information from Mr. Burns's wife at the time. By diverting funds, Mr. Burns knowingly misappropriated law firm funds by depositing the money into his own personal account. This diversion of funds also resulted in commingling his funds with law firm funds. Mr. Burns failed to notify the firm of the receipt of the funds. At best, based on a claim by Mr. Burns that funds were disputed, he failed to keep the funds separate from his own while the funds were in dispute.

SUSPENSION
On October 13, 2005, the Honorable Lyle R. Anderson, Fifth Judicial District Court, entered an Order of Discipline: Suspension suspending Harold J. Dent from the practice of law for six months and one day for violations of Rules 1.5(b) (Fees), 1.7(b) (Conflict of Interest: General Rule), 1.8(a), (b), and (g) (Conflict of Interest: Prohibited Transactions), 1.9(b) (Conflict of Interest: Former Client), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
Mr. Dent was hired to represent a couple in two different matters, a criminal matter and a juvenile court case that stemmed from the criminal matter. The representations were adverse to each other. One of the spouses subsequently hired Mr. Dent for a divorce action and information relating to the criminal matter was used to the detriment of the opposing spouse in the divorce. Mr. Dent did not consult with or obtain the opposing spouse's consent prior to his representation in the divorce action. Mr. Dent took over the operation of a small business owned by the spouse he represented in the divorce. Mr. Dent did not advise the client to seek independent counsel before turning over the business to him. The client eventually sought counsel and Mr. Dent entered into an agreement making him personally liable on a promissory note and the business debt. Mr. Dent defaulted on the note and the client sued him; the court awarded the client judgment on the note, possession of the collateral, and attorney's fees, but Mr. Dent filed for bankruptcy.

PUBLIC REPRIMAND
On November 4, 2005, the Chair of the Ethics and Discipline Committee entered an Order of Discipline: Public Reprimand against Edwin B. Parry for violations of Rules 3.1 (Meritorious Claims and Contentions), 3.3(a) (Candor Toward the Tribunal), 4.4 (Respect for Rights of Third Persons), 5.3(b) (Responsibilities Regarding Nonlawyer Assistants), 8.1(b) (Bar Admissions and Disciplinary Matters), and 8.4(a) (Misconduct).

In summary:
While negotiating a settlement with the opposing counsel, Mr. Parry obtained a default judgment. Mr. Parry later obtained a second default judgment when it was not warranted under the facts of the case. Mr. Parry filed an affidavit in support of the request for the second default judgment without making any inquiry into opposing counsel's direct communications to him which would have indicated that the statements in the affidavit were false. Mr. Parry completely ignored communications from opposing counsel not only before he filed the affidavit, but after filing it and before a hearing to set aside the default judgment. The affidavit that was filed was signed by another attorney although it listed Mr. Parry's name. Mr. Parry failed to review the factual basis of the affidavit that was prepared by a non-attorney and he failed to ensure that the signing attorney reviewed the factual basis and had personal knowledge of the affidavit. The affidavit gave the impression that it was based on Mr. Parry's personal knowledge when it was not. Mr. Parry failed to respond to the Office of Professional Conduct's requests for information. Mr. Parry made a false statement to a Screening Panel of the Ethics and Discipline Committee, although he corrected it, concerning whether he maintains a list of attorneys to whom he will speak. Mr. Parry has made no attempt to rectify the defendant's credit report regarding the two default judgments.

RESIGNATION WITH DISCIPLINE PENDING
On November 9, 2005, the Honorable Christine M. Durham, Chief Justice, Utah Supreme Court, entered an Order Accepting Resignation with Discipline Pending concerning Dale Hatch.

In summary:
Mr. Hatch, while serving as Deputy Executive Director of the Utah Education Savings Plan, withdrew funds from accounts that he controlled, and deposited those funds into a personal account. On March 18, 2005, Mr. Hatch pled guilty to a single charge of theft, second degree felony, in violation of Utah Code Title 76, Chapter 6, section 404.

INTERIM SUSPENSION
On October 26, 2005, the Honorable Deno G. Himonas, Third Judicial District Court, entered an Order of Interim Suspension, suspending Kevan C. Eyre from the practice of law pending final disposition of the Complaint filed against him.

In summary:
On June 3, 2005, Mr. Eyre was found guilty of six counts of failing to render a proper tax return, Utah Code section 76-8-1011(1)(c)(i), a third-degree felony; and six counts of intent to defeat the payment of a tax, Utah Code section 76-8-1101(1)(d)(i), a second degree felony. The interim suspension is based upon this conviction pursuant to Rule 19 of the Rules of Lawyer Discipline and Disability.

INTERIM SUSPENSION
On November 9, 2005, the Honorable Anthony B. Quinn, Third Judicial District Court, entered an Order of Interim Suspension, suspending Howard Johnson from the practice of law pending final disposition of the Complaint filed against him.

In summary:
On March 4, 2005, Mr. Johnson was convicted of one count of Unlawful Sexual Activity with a Minor, Utah Code section 76-5-401, a third-degree felony; and one count of Enticing a Minor Over the Internet, Utah Code section 76-4-401, a class-A misdemeanor. The interim suspension is based upon this conviction pursuant to Rule 19 of the Rules of Lawyer Discipline and Disability.