PUBLIC REPRIMAND
On February 24, 2005, the Chair of the Ethics and Discipline Committee of the Utah Supreme Court entered an Order of Discipline: Public Reprimand against Bret Hicken for violation of Rules 1.3 (Diligence), 1.4(a) and (b) (Communication), 1.16(a) (Declining or Terminating Representation), 5.3(a), (b), and (c) (Responsibilities Regarding Nonlawyer Assistants), and 8.4(a) (Misconduct) of the Rules of Professional Conduct.
In summary:
Mr. Hicken was retained to pursue a collection action for an out of state client. Mr. Hicken sent demand letters to the debtors and the complaints were signed approximately five months later. The client flew to Utah to attend court hearings, but Mr. Hicken told the client that the court dates had been postponed. The client contacted Mr. Hicken on numerous occasions, but Mr. Hicken did not return the telephone calls. The client continued to send monthly billings to the debtors, and as a result of these billings later found out that the complaints had not been served upon the debtors. When the client eventually contacted Mr. Hicken, Mr. Hicken reassured the client that the work had been completed. Mr. Hicken later indicated to the client that a favorable judgment had been obtained against the debtors and requested copies of costs of the client’s trip to Utah. The client contacted Mr. Hicken to ascertain when the client would receive the money. Mr. Hicken required to withdraw from representation because of health reasons. The client contacted Mr. Hicken’s paralegal, who gave the client court dates and status updates which were false and misleading. The client subsequently retained another attorney who told the client that there was no record of any filings or of any work done. Mr. Hicken reimbursed the client’s retainer.