The Appellate Group

In re Discipline of Santana

In re Discipline of Santana, 2021 UT 39 (Durrant, C.J.)

Attorney Discipline

Attorney was suspended from the practice of law in Utah for one year after the district court found that she knowingly violated the Utah Rules of Professional Conduct. Attorney disputes the district court’s finding that she knowingly violated the rules, arguing that OPC did not present evidence that she acted knowingly. On direct appeal, The Utah Supreme Court affirmed, holding:

  • The district court did not err when it determined that Attorney acted knowingly. That finding is supported by Attorney’s own testimony.
  • The district court did not err when it departed from the presumptive six-month sanction and, instead, imposed a one-year sanction. The court’s finding is either directly supported by or based on reasonable inferences from the record.

Read the full court opinion