Back to question index 19. How long will discipline that a lawyer receives count against him or her?
• In determining an appropriate sanction and only after having found unethical conduct, a screening panel may consider discipline imposed against a lawyer within the five years immediately preceding the alleged offense. However, the Rules do not set a time limit for consideration of prior discipline for disciplinary actions before the district court. Under the Standards, when a lawyer engages in misconduct similar to that for which the lawyer has previously been disciplined, the appropriate sanction will generally be one level more severe than the sanction the lawyer previously received, provided that the harm requisite for the higher sanction is present. A prior record of discipline may constitute an aggravating circumstance that may justify an increase in the degree of discipline to be imposed.
Related Questions
- Back to question index 34. What happens if a lawyer has been suspended or disbarred in Utah based solely upon discipline imposed by another jurisdiction, and he or she is reinstated or readmitted in the other jurisdiction?
- Back to question index 33. When can a lawyer petition again if the district court rejects his or her petition?
- Back to question index 19. How long will discipline that a lawyer receives count against him or her?
