Utah Bar Journal

ADMONITION
On June 15, 2009, 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 1.4(a)
(Communication) and 8.4(a) (Misconduct).

In summary:
An attorney was hired to represent a client in a personal injury case. For approximately eight months the attorney rarely communicated with the client. The client contacted the attorney’s office and spoke with a staff member on numerous occasions attempting to find out about the case. When the client asked for status updates, the attorney failed to comply.

PUBLIC REPRIMAND
On December 31, 2003, the Honorable Roger S. Dutson, Second Judicial District Court, publicly reprimanded Samuel J. Conklin for violation of Rules 1.3 (Diligence), 1.4(a) (Communication), 1.5(b) and (c) (Fees), 1.15(b) (Safekeeping Property), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

In summary:
Mr. Conklin was retained to represent a client in an employment matter. The time spent by Mr. Conklin on the client's case was not accurately reflected on the client's bill. Mr. Conklin admitted to the client that the work was overcharged, but he did not have time to look into the matter. Mr. Conklin did not respond to the client's inquiries concerning the bill and failed to promptly deliver the settlement funds to the client. Mr. Conklin also failed to respond to the Office of Professional Conduct's ("OPC's") requests for information.

PUBLIC REPRIMAND
On December 31, 2003, the Honorable Roger S. Dutson, Second Judicial District Court, publicly reprimanded Samuel J. Conklin for violation of Rules 1.3 (Diligence), 1.4(a) (Communication), 1.5(b) and (c) (Fees), 1.15(b) (Safekeeping Property), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

ADMONITION
On December 15, 2003, an attorney was admonished by the Honorable Timothy R. Hanson, Third Judicial District Court for violation of the Rules of Professional Conduct. (The Order was not explicit about which Rule was violated).

PUBLIC REPRIMAND
On September 24, 2003, Blaine P. McBride was publicly reprimanded by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court for violation of Rules 1.3 (Diligence), 1.4(b) (Communication), and 8.4(a) (Communication) of the Rules of Professional Conduct.

PUBLIC REPRIMAND
On June 23, 2003, Michael R. Loveridge was publicly reprimanded by the Chair of the Ethics and Discipline Committee of the Utah Supreme Court for violation of Rules 1.3 (Diligence), 1.4(b) (Communication), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

RESIGNATION WITH DISCIPLINE PENDING
On January 21, 2003, the Honorable Christine Durham, Chief Justice, Utah Supreme Court, entered an Order Accepting Resignation Pending Discipline concerning Ronald W. Flater.

In summary:
The Office of Professional Conduct received three complaints against Mr. Flater concerning immigration matters. The complaints allege that Mr. Flater incorrectly completed or failed to complete immigration petitions on behalf of the clients. All three clients primarily dealt with Mr. Flater's assistant, although Mr. Flater reviewed and signed the documents. In two cases, Mr. Flater failed to respond to the clients or their attorney. In two of the cases, Mr. Flater failed to respond to the OPC's requests for information.

SUSPENSION
On September 24, 2002, the Honorable Stephen L. Henriod, Third Judicial District Court, entered an Order of Discipline: Suspension, suspending Douglas S. Haymore II from the practice of law for three months for violation of Rules 1.1 (Competence), 1.3 (Diligence), 1.4(a) and (b) (Communication), 1.16(d) (Declining or Terminating Representation), 5.3(b) (Responsibilities Regarding Non Lawyer Assistants), 8.4(a) (Misconduct). The suspension is effective beginning September 24, 2002.

SUSPENSION
On July 15, 2002, the Honorable Anthony B. Quinn, Third Judicial District Court, entered Findings of Fact, Conclusions of Law and Order of Suspension suspending Kent L. Christiansen from the practice of law for three months for violation of Rules 1.7 (Conflict of Interest: General Rule), 1.8 (Conflict of Interest: Prohibited Transactions), 1.16(a) (Declining or Terminating Representation), 4.1(a) (Truthfulness in Statements to Others), and 8.4(a) and (c) (Misconduct), Rules of Professional Conduct. The Order of Suspension's effective date is August 15, 2002.

Discipline Corner

DISBARMENT
On March 25, 2002, the Honorable Thomas M. Higbee, Fifth Judicial District Court, Civil No. 010501706, entered an Order of Disbarment disbarring Garry Erickson from the practice of law for violation of Rules 1.1 (Competence), 1.3 (Diligence), 1.4(a) (Communication), 1.5(a) (Fees), 1.15(b) (Safekeeping Property), 1.16(d) (Declining or Terminating Representation), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(a) and (d) (Misconduct) of the Rules of Professional Conduct.

DISBARMENT
On December 4, 2001, the Honorable Lee Dever, Third Judicial District Court, entered Findings of Fact and Conclusions of Law disbarring Stephen G. Bennett from the practice of law for violation of Rules 1.2(a) (Scope of Representation), 1.4(a) (Communication), 1.15(a), (b), and (c) (Safekeeping Property), 8.1(b) (Bar Admission and Disciplinary Matters), and 8.4(c) (Misconduct) of the Rules of Professional Conduct.

SUSPENSION
On August 3, 2001, the Honorable Bruce J. Lubeck, Third Judicial District Court, entered an Order of Suspension suspending J. Douglas Kinateder from the practice of law for a period of twenty months, beginning October 15, 2001, for violation of Rules 1.3 (Diligence), 1.15(a) and (b) (Safekeeping Property), 5.5 (Unauthorized Practice of Law), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.

RESIGNATION PENDING DISCIPLINE
On September 21, 2001, the Honorable Richard C. Howe, Chief Justice, Utah Supreme Court, executed an Order Accepting Resignation Pending Discipline in the matter of Ralph W. Curtis.

RESIGNATION PENDING DISCIPLINE
On March 29, 2001, the Honorable Richard C. Howe, Chief Justice, Utah Supreme Court, executed an Order Accepting Resignation Pending Discipline in the matter of D. John Musselman.

On October 2, 1997, the Fourth Judicial District Court entered an Order of Suspension and Probation suspending Musselman from the practice of law for two years. All but four months of the suspension were stayed and Musselman was placed on probation for a period of twenty months. The Order of Suspension and Probation provided that if Musselman's probation were revoked, he would be required to serve the entire two years of the suspension.