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attorney discipline

23 February 2018

Utah Supreme Court holds no attorney discipline for offering an opinion on an unresolved legal question.


by William Gaskill

17 August 2017

Utah Supreme Court affirms disbarment order and holds prosecutors have the right to withdraw a plea offer at any time prior to its acceptance by the trial court absent reasonable and detrimental reliance by defendant.


by William Gaskill

24 February 2017

Utah Supreme Court repudiates requirement for scrupulous examination of other bad acts evidence; affirms suspension of attorney who accepted construction work as fees thus depriving firm of earned fees; and affirms attorney suspension for commingling funds.


by William Gaskill

21 July 2016

Utah Supreme Court upholds disbarment of an attorney and denies extraordinary relief to the same now former attorney.


by William Gaskill

27 June 2016

Utah Supreme Court adopts rule of construction for covenants, conditions and restrictions; affirms suspension for prosecutorial misconduct involving discovery; and adopts a rule on expectation damages in the oil and gas lease context.


by William Gaskill

10 June 2016

Utah Supreme Court reduces attorney misconduct sanction form disbarment to two year suspension and the Court of Appeals issues one decision.


by William Gaskill

20 April 2016

Utah Supreme Court rejects due process challenge to preponderance of the evidence standard in attorney discipline cases based on criminal acts.


by William Gaskill

23 July 2015

In the last seven days, the Utah supreme Court holds escrow agents owe fiduciary duties to third party beneficiaries; that title companies are liable in many instances when escrow agents improperly disburse funds; that district court judges can serve as both magistrates and judges in the same case; that Utah’s civil case arbitration statute provides the sole means to rescind the decision to arbitrate, but, does not apply to claims that can be brought as a different suit; that post-conviction relief statutes apply to all proceedings before a trail court not just formal trial claims; affirmed discovery sanction default judgment; and reminds lawyers that stealing client funds will result in disbarment.


by William Gaskill

19 June 2015

Utah Supreme Court affirms denial of petition or reinstatement for multiple failures to meet requirements; calls for amended rule on proving honesty to provide more guidance as to how to prove honesty.


by William Gaskill

12 December 2014

Utah Supreme Court reversed finding of professional misconduct and orders new rules be drafted to govern charges at screening panel phase of discipline cases which are not in initial notice to attorney.


by William Gaskill

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