Utah Bar Journal

In summary:
After several years of employment at a law firm, the attorney left, taking several clients. One of the clients had previously signed an agreement with the law firm giving the firm one-third of the most recent settlement offer prior to leaving the firm. The attorney obtained a settlement for the client. The law firm placed the attorney and insurance company on notice of their lien. The attorney instructed the insurance company to issue the settlement checks without the law firm name on them. The attorney failed to hold the disputed portion of the funds separately in the trust account. The attorney withdrew the funds before a severance or accounting occurred.

ADMONITION
On May 12, 2008, 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(a) (Communication), 1.4(b) (Communication), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
An attorney was hired to represent a client in divorce proceedings. Opposing counsel filed a Motion for Bifurcation and the attorney failed to notify the client of the motion or oppose the motion. The client was unaware that a divorce decree had been entered or that the proceedings had been bifurcated. The attorney did not diligently communicate with the client about the Motion to Bifurcate or the Decree of Divorce being entered. The attorney did not explain the ramifications of the bifurcation of the divorce in advance so that the client could make decisions about the issues in the case.

ADMONITION
On March 20, 2008, 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), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
An attorney wrote a check to a business partner for a personal transaction from his client trust account. The check was returned for insufficient funds. The attorney failed to respond to the OPC’s Notice of Informal Complaint or provide any documentation to the OPC or to a Screening Panel when it was requested of him.

PUBLIC REPRIMAND
On April 30, 2008, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Public Reprimand against Christopher D. Greenwood for violation of Rules 4.1 (Truthfulness in Statements to Others), 8.4(c) (Misconduct), 8.4(d) (Misconduct), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
Mr. Greenwood was representing a client in a post-divorce modification matter. After an agreement had been reached between the parties, Mr. Greenwood prepared a stipulation and order. The stipulation was sent to opposing counsel and signed. The Order was approved as to form. Mr. Greenwood then submitted a second Order with different terms to opposing counsel’s client and to opposing counsel who had by then withdrawn. This second Order contained a material change. Mr. Greenwood sent no cover letter or explanation as to the change in the Order, thus amounting to a misstatement of fact.

PUBLIC REPRIMAND
On May 12, 2008, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Public Reprimand against Boyd K. Dyer for violation of Rules 8.2 (Judicial Officers), 8.4(c) (Misconduct), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
Mr. Dyer filed a motion for summary judgment on behalf of his clients. The district court denied Mr. Dyer’s motion and granted the opposing party’s motion for summary judgment. Mr. Dyer filed a second motion for summary judgment that was also denied. Mr. Dyer appealed to the Utah Court of Appeals. The Court of Appeals unanimously upheld the trial court’s decision. Mr. Dyer filed Petitions for Rehearing in both cases; the petitions were denied. Mr. Dyer filed Petitions for Writ of Certiorari with the Utah Supreme Court. Certiorari was granted in both cases. The Utah Supreme Court dismissed both appeals and struck the briefs in both cases. In its opinion, the Court stated that it had failed to reach the merits of the cases because, “petitioners’ briefs in each case are replete with unfounded accusations impugning the integrity of the court of appeals panel that heard the cases below.” The Court further noted, “[t]hese accusations include allegations, both direct and indirect, that the panel intentionally fabricated evidence, intentionally misstated the holding of the case, and acted with improper motives.” The Court found Mr. Dyer in violation of rule 24(k) of the Utah Rules of Appellate Procedure.

Mr. Dyer recklessly made statements impugning the integrity of the Court of Appeals both in pleadings submitted to the Utah Supreme Court and arguments made before the Utah Supreme Court.

PUBLIC REPRIMAND
On May 13, 2008, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Public Reprimand against Richard S. Nemelka for violation of Rules 1.6 (Confidentiality of Information), 1.16(d) (Declining or Terminating Representation), and 8.4(a) (Misconduct) of the Rules of Professional Conduct. Mr. Nemelka has filed a Petition for Review and a Motion for Stay with the Utah Supreme Court.

In summary:
Mr. Nemelka was hired to pursue a divorce. Mr. Nemelka provided opposing counsel with his client’s unedited personal notes attached to his discovery responses without his client’s consent. Mr. Nemelka refused to promptly provide his client with a copy of her file after she terminated representation. Mr. Nemelka later requested his client personally appear at his office to pick up the file. At that time Mr. Nemelka served his client with a complaint for unpaid attorney’s fees. Aggravating factors that were considered were: a pattern of misconduct; multiple offenses; refusal to acknowledge the wrongful nature of the misconduct involved; vulnerability of the victim and substantial experience in the practice of law.

SUSPENSION and PROBATION
On May 5, 2008, the Honorable Ann Boyden, Third Judicial District Court, entered Findings of Fact and Conclusions of Law and Order of Discipline: Suspension and Probation against Cheri K. Gochberg, effective March 5, 2008. Ms. Gochberg is suspended for six months and one day and will be placed on 36 months probation.

In summary:
Ms. Gochberg pled guilty to Driving Under the Influence of Alcohol/Drugs (with priors) pursuant to Utah Code Annotated section 41-6A-502, a third degree felony.