Long v. ETHICS AND DISCIPLINE COMMITTEE
2011 UT 32
| Utah | 2011Background
- Larry Long faced three OPC complaints consolidated before the Utah Supreme Court: Shepard (unreasonable fee and frivolous collection), Nelson (supervision of nonlawyer and alleged unauthorized practice), and Henriod (unreasonable fees in two cases).
- Screening Panel held hearings, found violations, and recommended nonpublic admonition for Shepard, public reprimand for Nelson, and public reprimand for Henriod.
- Committee Chair reviewed objections; adopted Panel recommendations, imposing corresponding sanctions in each matter.
- Long challenged the orders arguing lack of detailed findings, erroneous rule-violation conclusions, and inappropriate sanctions.
- Court majority affirmed most findings of violations, but vacated the Nelson matter’s 5.3/5.5-based conclusions and related public reprimand.
- Court ultimately upheld sanctions that addressed different facts: nonpublic admonition in Shepard and public reprimand in Henriod.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Due process and findings of fact by Screening Panel | Long: panel lacked detailed findings to challenge. | Committee: findings sufficient under RLDD and precedent. | Panel did not violate due process or RLDD; findings adequate. |
| Violations of Rule 1.5(a) and Rule 3.1 | Long: trials misinterpreted; fees reasonable; collection action not frivolous. | Panel properly found unreasonable fees and frivolous collection action. | Court upheld violations of 1.5(a) and 3.1. |
| Violations of Rule 5.3(a) and Rule 5.5(a) | Long: insufficient evidence of unauthorized practice by Scheeler; no aiding. | Panel found Scheeler’s actions amount to unauthorized practice and Long’s knowledge/support. | Insufficient evidence; vacate 5.3(a) and 5.5(a) findings. |
| Sanctions under Utah Standards for Imposing Lawyer Sanctions | Long argues sanctions inappropriate and inconsistent across matters. | Sanctions tailored to each matter’s facts; no conflict among sanctions. | Sanctions affirmed for Shepard (nonpublic admonition) and Henriod (public reprimand). |
Key Cases Cited
- Nemelka v. Ethics & Discipline Comm., 2009 UT 33 (Utah 2009) (due process in attorney discipline and RLDD context)
- In re Discipline of Crawley, 2007 UT 44 (Utah 2007) (review of findings and deference in discipline)
- Milne Truck Lines, Inc. v. Pub. Serv. Comm'n, 720 P.2d 1373 (Utah 1986) (administrative agency review framework)
- In re Discipline of Harding, 2004 UT 100 (Utah 2004) (due process and informal attorney discipline procedures)
- In re Sonnenreich, 2004 UT 3 (Utah 2004) (due process standards in attorney discipline)