Utah Office of Professional Conduct

The purpose of the disciplinary process is to ensure and maintain the high standards of professional conduct required of those who undertake the discharge of professional responsibilities as Lawyers. The process is designed to protect the public and the administration of justice from Lawyers who have demonstrated by their conduct that they are unable or likely to be unable to discharge properly their professional responsibilities.

While the Utah OPC is charged with investigating and prosecuting Lawyers’ misconduct, the office does not make the ultimate determination as to whether rules have been violated and it does not impose discipline against Lawyers. This determination is made by the Utah Supreme Court through either the Ethics and Discipline Committee or the District Courts.

In 2017 at the direction of the Utah Supreme Court, the American Bar Association (“ABA”) conducted a review of the entire disciplinary system. Based upon the ABA’s report, the Utah Supreme Court formed an ad hoc committee to evaluate the report and make recommendations regarding what changes should be implemented. As a first step, the Utah Supreme Court formed an oversight committee for the OPC, and adopted a rule to make clear that the OPC is a part of the Utah Supreme Court’s regulation of the practice of law, and not part of the Utah State Bar. On December 15, 2020, the Utah Supreme Court adopted changes to the procedural rules for Lawyer discipline matters to implement the recommendations.

All disciplinary proceedings are conducted in accordance with the process described in the Rules of Discipline, Disability and Sanctions (“the Rules”). The Rules are construed to achieve “substantial justice and fairness in disciplinary matters with dispatch and at the least expense to all concerned parties.”