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Attorney Misconduct

Accepting Disputed Funds Can Get You Disbarred

Accepting disputed funds can get you disbarred

The question of whether an attorney may accept payment of his or her fees from disputed funds recently came before the Utah Supreme Court.  The attorney at issue had been disbarred from the practice of law for accepting payment of his fees from funds that he knew or should have known were the subject of litigation and were paid from bank accounts that were the subject of an injunction. Attorney Challenges Disbarment Over Accepting Disputed Funds In In the Matter […]

Nexsen Pruet Sued Over Failure to Communicate

Nexsen Pruet sued over lost whistleblower suit

In October 2015, the Department of Justice (“DOJ”) resolved a $237 million judgment against Tuomey Healthcare System, following a 2013 jury verdict that found Tuomey had illegally billed Medicare for services referred by physicians Tuomey had an improper financial relationship with.  The Fourth Circuit Court of Appeals affirmed the judgment in July 2015.  However, now, several Tuomey board members have sued Nexsen Pruet, the law firm that represented Tuomey in the lawsuit. Jury Finds Tuomey Violated the Stark Law and […]

Rule 1.9 Duties to Former Client

Rule 1.9 and substantial relation

In certain instances, a party may move to disqualify counsel for an opposing party.  Reasons a party may seek to disqualify opposing counsel may include: 1) concurrent conflicts of interest; 2) personal interest conflicts; 3) former client conflicts of interest; 4) lawyers as witnesses; 5) receipt of confidential, privileged, or stolen information; 6) contact with a represented party; 7) misconduct with witnesses; 8) other misconduct; 9) imputed misconduct, including imputed conflicts of interest; and 10) the appearance of impropriety.  Of […]

Written Consent

EAOC advises on former client consent

From time to time, the Ethics Advisory Opinion Committee (“EAOC”) of the Utah State Bar issues Advisory Opinions concerning a host of potential lawyer liability issues, including written consent which served as the backdrop for the EAOC’s first advisory opinion in 2016.  According to the Bar’s website, the EAOC is made up of active members of the Bar.  The EAOC Chair and a member of the judiciary are appointed by the Bar’s President, and the remaining members of the EAOC […]

Conflict of Interest

Conflict of interest missed by attorney

An attorney dually representing Caesars Entertainment’s operating unit and its private equity owner Apollo Global Management LLC created a conflict of interest during the time the attorney’s firm was working on a number of controversial transactions involving the casino conglomerate.  The findings regarding the conflict of interest were detailed in a report prepared by a Chapter 11 bankruptcy examiner tasked with investigating potential claims Caesars Entertainment Operating Co. (“CEOC”) creditors may have made against its parent company, Caesars Entertainment Corp. […]