In re of the Discipline of Grimes
2012 UT 87
| Utah | 2012Background
- Grimes misappropriated a client retainer paid to his former firm and converted funds to personal use after taking the Riordan case.
- Riordan’s $10,000 retainer was deposited into the firm trust, then the remainder ($7,070) was transferred to Grimes.
- Grimes stopped communicating, failed to pursue the case, and did not inform Riordan of the dismissal.
- Riordan complained; OPC filed formal charges alleging misappropriation and other rule violations.
- District court found misappropriation and multiple Rule violations, then suspended Grimes for three years with a stay and probation terms.
- On appeal, the Utah Supreme Court must decide whether a downward departure from disbarment was proper under Crawley and whether truly compelling mitigating circumstances exist to justify any departure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Crawley supports a downward departure from disbarment | Grimes | OPC | No; Crawley does not independently authorize departure from disbarment; must show truly compelling circumstances. |
| Whether truly compelling mitigating circumstances exist to justify departure | Grimes would be mitigated by factors like lack of prior discipline, remorse, reform | Mitigating factors are weak and insufficient for departure | No; mitigating factors do not reach the threshold of truly compelling. |
Key Cases Cited
- In re Discipline of Crawley, 164 P.3d 1232 (Utah 2007) (probation can tailor sanctions but cannot independently justify disbarment departure when presumptive sanction is disbarment)
- In re Discipline of Johnson, 48 P.3d 881 (Utah 2001) (departure from disbarment requires truly compelling mitigating circumstances)
- Ennenga, 37 P.3d 1150 (Utah 2001) (misappropriate funds; comparatives cannot justify lesser sanction; truly compelling mitigation required)
- In re Discipline of Babilis, 951 P.2d 207 (Utah 1997) (disbarment for misappropriation; extent of misappropriation not sole basis for lesser sanction)
- Edwards v. State Bar, 52 Cal.3d 28 (Cal. 1990) (illustrates factors in departures but not controlling; lack of causal link to mental health in Grimes)