Utah Bar Journal

In summary:
The attorney was served with a Notice of Informal Complaint from the Office of Professional Conduct. The attorney failed to respond timely.

PUBLIC REPRIMAND
On February 10, 2006, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Public Reprimand against Alan Stewart for violation of Rules 1.15(a) (Safekeeping Property), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
Mr. Stewart failed to supervise his employee who embezzled money from his attorney trust account. In Mr. Stewart's initial response concerning an overdraft on his attorney trust account, he provided information that was untrue. Mr. Stewart voluntarily admitted the truth near or around the time of a Screening Panel of the Ethics and Discipline Committee. Mitigating factors included: absence of prior record of discipline; absence of dishonest or selfish motive; and remorse.

ADMONITION
On February 10, 2006, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Admonition against an attorney for violation of Rules 1.3 (Diligence, 1.4 (Communication), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
The attorney was hired to pursue a personal injury claim that occurred in another state. The attorney failed to inform the client of the applicable statute of limitation in the other state. The attorney failed to advise the client of the advantages and risks regarding statute of limitations in choosing where to file the claim. The client was not allowed to participate in the decision of where the claim should have been filed. The attorney was negligent in not communicating with the client in writing concerning the decision of where to file the claim.

ADMONITION
On March 15, 2006, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Admonition against an attorney for violation of Rules 1.15(a) (Safekeeping Property), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
The attorney did not keep unearned client funds in a separate account in a financial institution that agrees to report insufficient funds to the Office of Professional Conduct.

PUBLIC REPRIMAND
On March 10, 2006, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Public Reprimand against Jonathan Pace for violation of Rule 1.1 (Competence) of the Rules of Professional Conduct.

In summary:
Mr. Pace failed to protect the interests of his client by failing to ensure that a meeting between his client and a law enforcement agency would not take place in his absence.

ADMONITION
On March 10, 2006, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Admonition against an attorney for violation of Rule 1.4(a) (Communication) of the Rules of Professional Conduct.

In summary:
The attorney was hired to pursue an out of state small claims dispute. The attorney failed to return the client's phone calls, failed to explain the strategy to the client, and failed to explain the necessity of hiring an in-state attorney for an appeal.

PUBLIC REPRIMAND
On March 10, 2006, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Public Reprimand against Christopher Edwards for violation of Rules 1.1 (Competence), 1.2(a) (Scope of Representation), 1.3 (Diligence), 1.4(a) (Communication), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
Mr. Edwards was hired to pursue a personal injury claim as well as a matter involving the Office of Recovery Services ("ORS"). In the personal injury claim, Mr. Edwards failed to take action on behalf of his client prior to the expiration of the statute of limitations. Mr. Edwards failed to keep his client adequately informed concerning the case status and failed to protect his client's claim. In the ORS matter, Mr. Edwards failed to serve the defendants and proceed with the action, failed to pursue the relief necessary for his client by failing to secure the entry of an order to show cause, and failed to adequately inform his client regarding the ORS matter.

SUSPENSION
On February 16, 2006, the Honorable Robert K. Hilder, Third Judicial District Court, entered an Order of Discipline: Two-Year Suspension suspending Carlos Chavez from the practice of law for violating Rules 1.3 (Diligence), 5.3(a), (b), and (c) (Responsibilities Regarding Nonlawyer Assistants), 8.1(b) (Bar Admissions and Disciplinary Matters), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
Mr. Chavez employed Jose Luis Trujillo, a disbarred attorney. Mr. Trujillo met with a client, who signed two retainers that named Mr. Chavez as the attorney being retained. The client had never met Mr. Chavez, and Mr. Chavez never informed the client, either orally or in writing, that Mr. Trujillo was disbarred. The client paid fees to Mr. Trujillo. Mr. Chavez never filed an action on behalf of the client, although he worked on drafting a Complaint. Mr. Chavez's office attempted to file the Complaint but the filing fee was incorrect. Before it could be refiled, the client terminated the representation. Mr. Chavez failed to ensure that Mr. Trujillo's conduct was compatible with his professional obligations. Mr. Chavez also failed to respond to the Notice of Informal Complaint and failed to appear for a Screening Panel hearing of the Ethics and Discipline Committee.

PUBLIC REPRIMAND
On February 23, 2006, the Honorable W. Brent West, Second Judicial District Court, entered Findings of Fact, Conclusions of Law, and Order of Discipline publicly reprimanding Alyson Draper for violations of Rules 1.2 (Scope of Representation), 1.3 (Diligence), and 1.4(a) and (b) (Communication) of the Rules of Professional Conduct.

In summary:
Ms. Draper undertook the representation of a client in a job discrimination case in 1999. In the course of that representation, Ms. Draper failed to adequately communicate with the client, failed to pursue the client's objective in a timely fashion, and decided not to submit the client's claim without notifying the client of this decision in advance of the deadline.