(a) Application. After the presumptive sanction has been determined, aggravating and mitigating circumstances may be considered and weighed in deciding whether departure from the presumptive sanction is warranted.
(b) Aggravating circumstances. Aggravating circumstances are any considerations or factors that may justify an increase in the degree of discipline to be imposed. Aggravating circumstances may include:
(1) prior record of discipline;
(2) dishonest or selfish motive;
(3) a pattern of misconduct;
(4) multiple offenses;
(5) obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders of the disciplinary authority;
(6) submission of false evidence, false statements, or other deceptive practices during the disciplinary process;
(7) refusal to acknowledge the wrongful nature of the misconduct involved, either to the client or to the disciplinary authority;
(8) vulnerability of victim;
(9) substantial experience in the practice of law;
(10) lack of good faith effort to make restitution or to rectify the consequences of the misconduct involved; and
(11) illegal conduct, including the use of controlled substances.
(c) Mitigating circumstances. Mitigating circumstances are any considerations or factors that may justify a reduction in the degree of discipline to be imposed. Mitigating circumstances may include:
(1) absence of a prior record of discipline;
(2) absence of a dishonest or selfish motive;
(3) personal or emotional problems;
(4) timely good faith effort to make restitution or to rectify the consequences of the misconduct involved;
(5) full and free disclosure to the client or the disciplinary authority prior to the discovery of any misconduct or cooperative attitude toward proceedings;
(6) inexperience in the practice of law;
(7) good character or reputation;
(8) physical disability;
(9) mental disability or impairment, including substance abuse when:
(A) the Respondent is affected by a substance abuse or mental disability;
(B) the substance abuse or mental disability causally contributed to the misconduct;
(C) the Respondent’s recovery from the substance abuse or mental disability is demonstrated by a meaningful and sustained period of successful rehabilitation; and
(D) the recovery arrested the misconduct and the recurrence of that misconduct is unlikely;
(10) unreasonable delay in disciplinary proceedings, provided that the Respondent did not substantially contribute to the delay and provided further that the Respondent has demonstrated prejudice resulting from the delay;
(11) interim reform in circumstances not involving mental disability or impairment;
(12) imposition of other penalties or sanctions;
(13) remorse; and
(14) remoteness of prior offenses.
(d) Other circumstances. The following circumstances may not be considered as either aggravating or mitigating:
(1) forced or compelled restitution;
(2) withdrawal of Complaint against the Lawyer;
(3) resignation prior to completion of disciplinary proceedings;
(4) Complainant’s recommendation as to sanction; and
(5) failure of injured client to complain.
The Utah State Courts mission is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law.