Editorial: Utah lawyer discipline balances individual rights, public responsibility

In response to recent concerns about how attorney discipline is handled, we would like to explain how the legal profession helps to ensure that lawyers in Utah practice in an ethical manner.

The Utah Constitution gives the Utah Supreme Court the responsibility to regulate the practice of law. The Utah State Bar was established in 1931 under the authority of the Utah Supreme Court to fulfill that responsibility, which includes licensing attorneys, providing continuing legal education and, when necessary, seeking the imposition of discipline.

 

Attorneys must pass an ethics exam and a character and fitness review before taking the Bar Exam. Once they have been admitted to practice, attorneys are required to follow the Utah Supreme Court’s Rules of Professional Conduct (also known as the ethics rules). In addition to following the ethics rules, Utah attorneys are subject to rules of civility and professionalism. And, of course, all attorneys are subject to the same laws and enjoy the same rights as every citizen.

The Utah Supreme Court monitors compliance with the ethics rules through the Office of Professional Conduct (OPC), which, although it is funded by Bar dues paid by attorneys, is independent of the Bar and its board of governance. The OPC reviews and investigates allegations of attorney misconduct to determine if there are grounds for discipline; the OPC also helps educate attorneys on the nuances of complying with the ethics rules.

The OPC uses the procedures established by the Utah Supreme Court’s Rules of Lawyer Discipline and Disability. The Standards for Imposing Lawyer Sanctions are used to impose any sanction following a determination that an attorney has violated the ethics rules.

 

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Op-ed: Utah lawyer discipline balances individual rights, public responsibility