Attorney Has Due Process Right To Notice Of Alleged Rule Violations

The Utah Supreme Court has reversed findings of misconduct, concluding that the accused attorney had been denied due process.

A screening panel found that the attorney violated Rules 1.2, 1.4 and 8.4(a).

The attorney had not been placed on notice of the alleged Rule 1.2, which violated his due process rights. 

The court found insufficient evidence of the remaining violations, concluding that the conduct at issue was addressed in Rule 1.1 (competence) rather than Rule 1.4 (communication).

The screening panel declined to find a Rule 1.1 violation.

The court held that conduct covered by one rule cannot be sanctioned by reference to another rule. (Mike Frisch)