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• Title: Disciplinary Action George Mccune
• Author : Supreme Court Of Utah
• Release Date : January 31, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

STEWART, Justice: David Smith, general manager of Capitol Reporters, a firm of certified court reporters, and Thomas McElmeel, an out-of-state attorney, filed separate complaints against attorney George M. McCune with the Utah State Bar. The complaints alleged that McCune, a Utah Attorney, had not paid over money to the complainants which he had received for that purpose. The Board of Commissioners of the Utah State Bar found that McCune had violated Rule II section 3 of the Revised Rules of Conduct of the Utah State Bar and recommended to this court that he be suspended from practice for 30 days and that he be required to pay Capitol Reporters and McElmeel the money he owed them as a condition to his reinstatement. 1 McCune appeals those findings and recommendations. We affirm. In September, 1981, McCune wrote to the Washington law firm of McElmeel, Schultz and Doyle (McElmeel), inquiring whether the firm would act as local counsel in representing McCune's client, Klemp Corporation, in an action brought in the state of Washington, and if so, what the fee arrangement would be. McElmeel and Mccune agreed on the terms of the representation, and McElmeel successfully represented Klemp in the litigation. The McElemel law firm sent billing statements to McCune for services rendered to Klemp. McCune incorporated the law firm's bill into his own and sent his bill to Klemp. Klemp paid McCune $2,770.60, the entire amount the McElmeel firm had billed McCune. McCune, however, forwarded only $1,178.12 to the firm and retained the remaining $1,592.48 for his own use.

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