Brussow v. Utah State Bar
2012 UT 53
| Utah | 2012Background
- Brussow represented Langley in a domestic-relations matter with child support/custody disputes; August 2, 2007 fee agreement set a $3,750 retainer for 25 hours at $150/hour.
- Langley paid only one billing statement ($337.50) and periodically made additional payments; no regular statements were provided.
- Trial occurred in May–June 2008; transcripts were provided to Langley’s husband, who did not pay, and Brussow ultimately paid the transcript fees.
- Langley terminated Brussow in August 2008; she requested her file in September; Brussow refused to turn over the file until Langley paid deposition-transcript fees.
- Langley filed an OPC complaint in October 2008 alleging a failure to provide an accounting and failure to produce her file; Brussow eventually produced the file on December 29, 2008.
- Screening Panel (Sept. 2009) found violations of rules 1.16(d) and 8.4(a) and recommended public reprimand; Brussow appealed, and the Chair denied the exception in January 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Brussow violated Rule 1.15(d) by failing to provide an accounting | Langley argues failure to account breached 1.15(d) | Brussow argues ambiguity in what must be accounted for | Yes, Rule 1.15(d) violated; admonition proper due to lack of injury. |
| Whether Brussow violated Rule 1.16(d) by withholding Langley’s file | Langley contends she was entitled to her file upon request | Brussow claims lien and functional delivery sufficed | Yes, Rule 1.16(d) violated; public reprimand appropriate due to harm. |
| Whether the Court should sanction under Rule 8.4(a) based on prior rule violations | Langley did not directly argue 8.4(a) independently | Brussow argues no separate basis for 8.4(a) | Court notes issue but declines to impose sanction under 8.4(a) as “piling on.” |
Key Cases Cited
- In re Discipline of Ince, 957 P.2d 1233 (Utah 1998) (attorney discipline standards; evaluation of sanctions)
- State v. Rothlisberger, 2006 UT 49 (Utah Supreme Court (2006)) (discipline standards; framework for sanctions and findings)
- Patterson v. Patterson, 2011 UT 68, 266 P.3d 828 (Utah Supreme Court (2011)) (preservation of issues; appellate standards of review)
- In re Discipline of Stubbs, 1999 UT 15, 974 P.2d 296 (Utah Supreme Court (1999)) (sanctions and procedural requirements on appeal)