Utah Courts
SCRP Rule 1-582 (Supreme Court Rules of Professional Practice)
SCRP Rule 1-582 (Supreme Court Rules of Professional Practice)
Rule 1-582. Factors to be considered in imposing sanctions.
(a) The Committee and the court must consider the following factors in imposing sanctions after a finding of Lawyer misconduct:
(1) the presumptive sanction as contained in these rules or, if there is no presumptive sanction, the appropriate sanction based on:
(A) the duty violated;
(B) the Lawyer’s mental state;
(C) the potential or actual injury caused by the Lawyer’s misconduct; and
(2) the existence of aggravating or mitigating factors.
(b) Multiple charges of misconduct.
(1) Where a Respondent is found to have committed multiple charges of misconduct, the ultimate sanction imposed must at least be consistent with the sanction for the most serious instance of misconduct among the violations, and may be greater than the sanction for the most serious misconduct.
(2) Either a pattern of misconduct or multiple instances of misconduct should be considered as aggravating factors.
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