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Burden of proof in attorney discipline cases - Utah Lawyer Liability
In a recent attorney discipline case before the Utah Supreme Court, the disciplined attorney argued that the proper burden of proof for attorney disciplinary proceedings involving “criminal acts” is proof beyond a reasonable doubt. However, the Supreme Courts rejected the attorney’s invitation, holding that the burden of proof applicable to attorney discipline proceedings, whether or not they involve claims of criminal acts, under the Utah Rules of Lawyer Discipline is proof “by a preponderance of the evidence.” Disciplined Attorney Charged …