Utah Courts
UCJA Rule 11-583 (Code of Judicial Administration)
UCJA Rule 11-583 (Code of Judicial Administration)
Rule 11-583. Presumptive sanctions for violating duties owed to clients.
(a) Failing to preserve the client’s property. The following sanctions are generally appropriate when a Lawyer fails to preserve client property in violation of Rule 1.15:
(1) Delicensure is generally appropriate when a Lawyer knowingly converts client property, with the intent to benefit the Lawyer or another, and causes serious injury or potentially serious injury to a client.
(2) Suspension is generally appropriate when a Lawyer knows or should know that the Lawyer is dealing improperly with client property and causes injury or potential injury to a client.
(3) Reprimand is generally appropriate when a Lawyer is negligent in dealing with client property and causes injury or potential injury to a client.
(4) Admonition is generally appropriate when a Lawyer is negligent in dealing with client property and causes little or no actual or potential injury to a client.
(b) Failing to preserve the client’s confidences. The following sanctions are generally appropriate when a Lawyer improperly reveals information related to representing a client in violation of Rule 1.6:
(1) Delicensure is generally appropriate when a Lawyer, with the intent to benefit the Lawyer or another, knowingly reveals information relating to representation of a client not otherwise lawfully permitted to be disclosed, and the disclosure causes serious injury or potentially serious injury to a client.
(2) Suspension is generally appropriate when a Lawyer knowingly reveals information relating to the representation of a client not otherwise lawfully permitted to be disclosed, and the disclosure causes injury or potential injury to a client.
(3) Reprimand is generally appropriate when a Lawyer negligently reveals information relating to representation of a client not otherwise lawfully permitted to be disclosed and the disclosure causes injury or potential injury to a client.
(4) Admonition is generally appropriate when a Lawyer negligently reveals information relating to representation of a client not otherwise lawfully permitted to be disclosed and the disclosure causes little or no actual or potential injury to a client.
(c) Failing to avoid conflicts of interest. The following sanctions are generally appropriate in cases involving conflicts of interest in violation of Rules1, 7, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, 3.7, 5.4(c), or 6.3:
(1) Delicensure is generally appropriate when a Lawyer, without the informed consent of client(s):
(A) engages in representation of a client knowing that the Lawyer’s interests are adverse to the client’s with the intent to benefit the Lawyer or another, and causes serious or potentially serious injury to the client;
(B) simultaneously represents clients that the Lawyer knows have adverse interests with the intent to benefit the Lawyer or another, and causes serious or potentially serious injury to a client;
(C) represents a client in a matter the Lawyer knows is substantially related to a matter in which the interests of a present or former client are materially adverse, and knowingly uses information relating to the representation of a client with the intent to benefit the Lawyer or another, and causes serious or potentially serious injury to a client.
(2) Suspension is generally appropriate when a Lawyer knows of a conflict of interest and does not fully disclose to a client the possible effect of that conflict, and causes injury or potential injury to a client.
(3) Reprimand is generally appropriate when a Lawyer is negligent in determining whether the representation of a client may be materially affected by the Lawyer’s own interests, or whether the representation will adversely affect another client, and causes injury or potential injury to a client.
(4) Admonition is generally appropriate when a Lawyer engages in an isolated instance of negligence in determining whether the representation of a client may be materially affected by the Lawyer’s own interests, or whether the representation will adversely affect another client, and causes little or no actual or potential injury to a client.
(d) Lack of diligence. The following sanctions are generally appropriate when a Lawyer fails to act with reasonable diligence and promptness in representing a client in violation of Rules 1.2(a), 1.2(b), 1.2(c), 1.2(e), 1.3, or 1.4:
(1) Delicensure is generally appropriate when a Lawyer abandons the practice of law and thereby causes serious or potentially serious injury to a client;
(2) Delicensure or suspension is generally appropriate when a Lawyer engages in a substantial pattern of neglect or knowingly fails to perform significant services for a client and thereby causes injury to a client. The appropriate sanction will depend on the nature and significance of the services and the seriousness of the injury to the client.
(3) Reprimand is generally appropriate when a Lawyer is negligent and does not act with reasonable diligence in representing a client, and thereby causes injury or potential injury to a client.
(4) Admonition is generally appropriate when a Lawyer is negligent and does not act with reasonable diligence in representing a client, and causes little or no actual or potential injury to a client.
(e) Lack of competence. The following sanctions are generally appropriate when a Lawyer fails to provide competent representation to a client in violation of Rule 1.1:
(1) Delicensure or suspension is generally appropriate when a Lawyer’s course of conduct demonstrates that the Lawyer:
(A) does not understand fundamental legal doctrines or procedures, and the Lawyer’s conduct causes injury or potential injury to a client; or
(B) substantially engages in areas of practice central to the representation of a client in which the Lawyer knows the Lawyer is not competent and thereby causes injury or potential injury to a client.
(C) the appropriate sanction under (e)(1) will depend on the scope and significance of the incompetent representation and the seriousness of the injury to the client.
(2) Reprimand is generally appropriate when a Lawyer:
(A) demonstrates failure to understand relevant legal doctrines or procedures and causes injury or potential injury to a client; or
(B) is negligent in determining whether the Lawyer is competent to handle a legal matter and causes injury or potential injury to a client.
(3) Admonition is generally appropriate when a Lawyer engages in an isolated instance of negligence in determining whether the Lawyer is competent to handle a legal matter, and causes little or no actual or potential injury to a client.
(f) Lack of candor. The following sanctions are generally appropriate in cases where a Lawyer engages in fraud, deceit, or misrepresentation directed toward a client in violation of Rules 1.5 or 8.4(c):
(1) Delicensure is generally appropriate when a Lawyer knowingly deceives a client with the intent to benefit the Lawyer or another, and causes serious or potentially serious injury to a client.
(2) Suspension is generally appropriate when a Lawyer knowingly deceives a client, and causes injury or potential injury to the client.
(3) Reprimand is generally appropriate when a Lawyer negligently fails to provide a client with accurate or complete information, and causes injury or potential injury to the client.
(4) Admonition is generally appropriate when a Lawyer engages in an isolated instance of negligence in failing to provide a client with accurate or complete information, and causes little or no actual or potential injury to the client.
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