June 21, 2011
Failure To Supervise Charge Rejected
The Utah Supreme Court rejected an attorney's claim that he was denied due process in a bar discipline proceeding and affirmed findings of misconduct involving fees and frivilous litigation. However, the court found insufficient evidence that the attorney failed to properly supervise a non-lawyer because the evidence failed to establish that the non-lawyer engaged in unauthorized practice.
The non-attorney had participated in a mediation and drafted documents, which may be done by lay people in Utah notwithstanding the broad definition of the practice of law. The court found insufficient evidence to conclude that the employee held himself out as an attorney in the mediation. (Mike Frisch)
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