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Article 6

Article 6. Standards forImposing Lawyer Sanctions

Rule 14-601. Definitions.

As used in this article:

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

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

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

(d) "injury" meansharm to a client, the public, the legal system, or the profession which resultsfrom 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" meansthe conscious objective or purpose to accomplish a particular result;

(f) "knowledge" meansthe conscious awareness of the nature or attendant circumstances of the conductbut without the conscious objective or purpose to accomplish a particularresult;

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

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

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

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