ADMONITION
On November 8, 2004, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Admonition admonishing an attorney for violation of Rules 1.3 (Diligence), 1.4(a) (Communication), 5.5(a) (Unauthorized Practice of Law), 8.4(d) (Misconduct), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
In summary:
An attorney was retained to represent a client’s grandchild in a criminal matter. The attorney did not appear for one of the court hearings in the case. The attorney did not return telephone calls requesting information about the case. In another matter, the attorney received a certified letter from the Board of Continuing Legal Education stating that the attorney had not demonstrated compliance with the Mandatory Continuing Legal Education requirements. The letter informed the attorney that if the attorney did not demonstrate compliance within thirty days a petition for suspension from the practice of law would be forwarded to the Utah Supreme Court. The attorney did not comply and was administratively suspended. Thereafter, the attorney appeared in court on behalf of three different clients.
Mitigating factors include: Absence of prior record of discipline and cooperative attitude toward the disciplinary proceedings. The attorney also agreed to participate in binding fee arbitration through the Utah State Bar’s Fee Arbitration Program.