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Attorney Discipline

Why you can’t trade legal services for construction work and not share with your partners

When trading legal services for construction work will get you suspended

In a recent attorney discipline case, the question of the appropriate sanction for an attorney who traded his legal services for construction work on his home and yard came before the Utah Supreme Court.  In In the Matter of Discipline of Joseph P. Barrett, an attorney was suspended from the practice of for law for 150 days for misappropriating firm funds arising from two situations where the attorney traded legal services for construction on his home and yard.  On appeal, […]

Aggravating lawyer gets suspension, not disbarment

A recent case before the Utah Supreme Court shows what can happen when a lawyer argues with a judge, even after the judge asked the lawyer not to interrupt him and sit down.  In Ciardi v. OPC, the lawyer in question was disbarred following his conduct at the courthouse during a roll call, as well as his conduct during a screening panel hearing before the Ethics and Discipline Committee of the Utah Supreme Court.  On appeal, while the Utah Supreme […]

Maria Elena Perez Faces Suspension Over Involvement with NCAA-Miami Probe

Suspension looms for lawyer in NCAA-Miami probe

A lawyer for rogue Miami booster Nevin Shapiro may face up to a 91-day suspension from the practice of law for her role in assisting the NCAA with its investigation into the University of Miami Athletics program. Florida Bar Alleges Perez Violated Ethical Rules in Conjunction with Her Assistance to the NCAA Documents filed by the Florida Bar Association with the Florida Supreme Court in the case of attorney Maria Elena Perez reveal that the a Florida Bar referee recommended […]

Burden of Proof

Burden of proof in attorney discipline cases

In a recent attorney discipline case before the Utah Supreme Court, the disciplined attorney argued that the proper burden of proof for attorney disciplinary proceedings involving “criminal acts” is proof beyond a reasonable doubt.  However, the Supreme Courts rejected the attorney’s invitation, holding that the burden of proof applicable to attorney discipline proceedings, whether or not they involve claims of criminal acts, under the Utah Rules of Lawyer Discipline is proof “by a preponderance of the evidence.” Disciplined Attorney Charged […]