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Tag: office of professional conduct

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 […]

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 […]

attorney license suspension

Prosecutor’s six month suspension upheld

In a recent case before the Utah Supreme Court, the court affirmed a six month suspension from the practice of law of a former Davis County prosecutor for violation of the Utah Rules of Professional Conduct.  Specifically, the prosecutor was alleged to have violated Rule 3.3 and Rule 3.8, which set forth an attorney’s duty of candor toward a tribunal and a prosecutor’s duty to timely disclose exculpatory evidence or information to a defendant, respectively.  While the Utah Supreme Court […]

fee agreement

What Constitutes an Invalid Fee Agreement?

In a recent case before the Utah Supreme Court, the Court was faced with determining whether an appellant was entitled to attorney fees and whether her counsel’s fee agreement was valid.  In, Dahl v. Dahl, the Supreme Court held that the appellant was not entitled to attorney fees.  Initially, the Supreme Court denied the appellant’s request for attorney fess on the ground that the appellant was not entitled to an award of fees because she failed to demonstrate her financial […]