Article 6. Standards for Imposing Lawyer Sanctions

Rule 14-601. Definitions.

As used in this article:

(a) "complainant" means the person who files an informal complaint or the OPC when the OPC determines to open an investigation based on information it has received;

(b) "formal complaint" means a complaint filed in the district court alleging misconduct by a lawyer or seeking the transfer of a lawyer to disability status;

(c) "informal complaint" means any written, notarized allegation of misconduct by or incapacity of a lawyer;

(d) "injury" means harm to a client, the public, the legal system, or the profession which results from a lawyer's misconduct. The level of injury can range from "serious" injury to "little or no" injury; a reference to "injury" alone indicates any level of injury greater than "little or no" injury;

(e) "intent" means the conscious objective or purpose to accomplish a particular result;

(f) "knowledge" means the conscious awareness of the nature or attendant circumstances of the conduct but without the conscious objective or purpose to accomplish a particular result;

(g) "negligence" means the failure of a lawyer to heed a substantial risk that circumstances exist or that a result will follow, which failure is a deviation from the standard of care that a reasonable lawyer would exercise in the situation;

(h) "potential injury" means the harm to a client, the public, the legal system or the profession that is reasonably foreseeable at the time of the lawyer's misconduct, and which, but for some intervening factor or event, would probably have resulted from the lawyer's misconduct;

(i) "respondent" means a lawyer subject to the disciplinary jurisdiction of the Supreme Court against whom an informal or formal complaint has been filed; and

(j) "Rules of Professional Conduct" means the Utah Rules of Professional Conduct (including the accompanying comments) initially adopted by the Supreme Court in 1988, as amended from time to time.