Utah Bar Journal

In summary:
Mr. Adams signed a client’s name to a settlement agreement in a personal injury case and then had his assistant notarize the signature. Mr. Adams then forwarded the settlement funds to his client.

ADMONITION
On September 17, 2007, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Admonition against an attorney for violations of Rules 1.3 (Diligence), 5.3(a) (Responsibilities Regarding Nonlawyer Assistants), 5.3(b) (Responsibilities Regarding Nonlawyer Assistants), 5.3(c) (Responsibilities Regarding Nonlawyer Assistants), 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
In a bankruptcy proceeding, in order for the attorney’s client to sell the client’s home, permission was needed from the bankruptcy court. The attorney failed to timely file the request with the court. The attorney’s failure was based upon the attorney’s failure to properly supervise, train and educate staff concerning the attorney’s professional obligations, to ensure that deadlines are met. As a result of the attorney’s misconduct, the client’s home was foreclosed upon. The attorney’s misconduct was mitigated by the fact that the attorney had no prior record of discipline; the attorney’s admission of neglect/misconduct; the attorney restored the lost funds in the settlement; and the attorney’s candidness with the Ethics and Discipline Committee Screening Panel.

PUBLIC REPRIMAND
On September 17, 2007, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Public Reprimand against Franklin L. Slaugh for a violation of Rule 1.15(a) (Safekeeping Property) of the Rules of Professional Conduct.

In summary:
Mr. Slaugh accepted a retainer in a chapter 11 bankruptcy case. Mr. Slaugh commingled funds by placing the retainer into his operating account instead of his attorney trust account.

PUBLIC REPRIMAND
On September 17, 2007, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Public Reprimand against David Friel for violations of Rules 5.5(a) (Unauthorized Practice of Law), and 5.5(b)(2) (Unauthorized Practice of Law) of the Rules of Professional Conduct.

In summary:
Mr. Friel was notified by the Utah State Bar that his license had been suspended for failure to pay his Bar dues. After notification, Mr. Friel appeared before a court while his license to practice law was suspended.

RESIGNATION WITH DISCIPLINE PENDING
On September 13, 2007, the Honorable Chief Justice Christine M. Durham entered an Order Accepting Resignation with Discipline Pending concerning Edmund T. Crowley.

In summary:
Mr. Crowley misappropriated funds on two separate occasions from the company he was working for.

PUBLIC REPRIMAND
On August 22, 2007, the Honorable John Paul Kennedy, Third Judicial District Court, entered Findings of Fact, Conclusions of Law and Order of Reprimand with conditions against John McCoy for violation of Rules 1.3 (Diligence), 1.4(a) (Communication), 1.16(d) (Declining or Terminating Representation), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
In one matter, Mr. McCoy failed to file a witness list, failed to appear at a scheduling conference, failed to respond to two motions to dismiss and notify his client of those motions to dismiss. Mr. McCoy failed to keep his client informed regarding the case status, including
failing to provide documents that were either generated or received. Mr. McCoy failed to notify his client that he was withdrawing from the case and that the client needed a new attorney.
In a second matter, Mr. McCoy failed to take any action on a motion to compel, which was mitigated by strategy considerations and therefore a negligent act. Mr. McCoy failed to respond to a motion to dismiss which resulted in a judgment of attorney fees against his client. Mr. McCoy failed to provide information to his client concerning the status of the case. After the client hired a new attorney, Mr. McCoy failed on at least one occasion to respond to that attorney, failed to timely provide the file, and failed to file a withdrawal in the case. Mr. McCoy’s failure to withdraw was mitigated by the fact that he believed a new attorney had appeared in the case.

SUSPENSION
On August 6, 2007, the Honorable Glenn K. Iwasaki, Third Judicial District Court, entered an Order of Discipline: Suspension suspending Larry A. Kirkham from the practice of law for a period of six months and one day for violation of Rules 8.4(b) (Misconduct) and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
Mr. Kirkham was convicted of Driving Under the Influence of Alcohol/Drugs (with priors), Utah Code Annotated § 41-6a-502 (2005), a third degree felony. Mr. Kirkham’s conviction reflects adversely on his honesty, trustworthiness, and fitness as a lawyer. Mr. Kirkham’s misconduct, as reflected by his conviction, was mitigated by the fact he has engaged in rehabilitation and his conduct, in part, relates to his condition.