Unauthorized Practice of Law Comm. v. Walton

419 P.3d 901
CourtWyoming Supreme Court
DecidedJune 20, 2018
DocketD-18-0004
StatusPublished

This text of 419 P.3d 901 (Unauthorized Practice of Law Comm. v. Walton) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Unauthorized Practice of Law Comm. v. Walton, 419 P.3d 901 (Wyo. 2018).

Opinion

BY THE COURT:

/s/ E. JAMES BURKE

Chief Justice

Attachment *902BEFORE THE SUPREME COURT STATE OF WYOMING

In the matter of JOSEPHINE K. WALTON, president of Wyoming Credit Association, a Wyoming corporation, Respondent.

REPORT AND RECOMMENDATION FOR APPROVAL OF CONSENT AGREEMENT

THIS MATTER having come before the Unauthorized Practice of Law Committee (the "Committee") upon the motion of Bar Counsel for approval of a Consent Agreement in the above-captioned matter, and the Committee having considered the matter and being fully advised in the premises, finds, concludes and recommends:

1. The investigation in the above-captioned matter was initiated by Bar Counsel following receipt of a report from the Honorable Joseph B. Bluemel, Third Judicial District Court Judge, that Respondent, the president of Wyoming Credit Association, a Wyoming corporation ("WCA"), a collection agency located in Evanston, Wyoming, may have engaged in the unauthorized practice of law by representing WCA in a collection action in Judge Bluemel's court.

2. Rule 7, Rules Governing the Wyoming State Bar and the Authorized Practice of Law, provides in relevant part:

Rule 7. Authorization to practice law.

(a) The following persons are authorized to practice law in Wyoming:
(1) Members of the Wyoming State Bar, as more fully delineated and subject to the limitations set forth in the Bylaws of the Wyoming State Bar;
(2) Attorneys who have been granted pro hac vice admission as provided in Rule 8, subject to the limitations set forth in that rule;
(3) Law school clinic supervising attorneys meeting the qualifications of Rule 9, subject to the limitations set forth in that rule;
(4) Law students meeting the qualifications of Rule 9, subject to the limitations set forth in that rule; and
(5) Attorneys meeting the qualifications of Rule 5.5(d) of the Wyoming Rules of Professional Conduct, subject to the limitations set forth in that rule.
*903(b) Practice law means providing any legal service for any other person, firm or corporation, with or without compensation, or providing professional legal advice or services where there is a client relationship of trust or reliance, including appearing as an advocate in a representative capacity; drafting pleadings or other documents; or performing any act in a representative capacity in connection with a prospective or pending proceeding before any tribunal.
* * *

3. Following receipt of Bar Counsel's letter of inquiry, Respondent's counsel contacted Bar Counsel and advised that Respondent was willing to enter into a consent agreement as provided in Rule 5(f) of the Rules of Procedure Governing Unauthorized Practice of Law Proceedings (the "UPL Rules"), which states:

(f) If, after conducting an investigation, Bar Counsel believes that the respondent has engaged in the unauthorized practice of law, Bar Counsel may do one or more of the following:
(1) commence civil injunction proceedings as provided in Rule 6;
(2) commence civil contempt proceedings as provided in Rule 8;
(3) enter into a consent agreement with the respondent in which the respondent agrees to do one or more of the following:
(A) refrain from the conduct in question;
(B) refund any fees collected;
(C) make restitution;
(D) pay a fine that may range from one hundred dollars ($100) to two hundred and fifty dollars ($250) per incident of unauthorized practice of law.

4. Respondent concedes that she is not a member of the Wyoming State Bar and engaged in the unauthorized practice of law as reported by Judge Bluemel.

5. Respondent further concedes that her representation of WCA as reported by Judge Bluemel constituted the Unauthorized Practice of Law pursuant to Rule 7 of the Rules Governing the Wyoming State Bar and the Authorized Practice of Law.

*9046. Pursuant to UPL Rule 5(f)(3), Respondent has agreed that she will refrain from similar conduct in the future.

7. Bar Counsel has agreed to forbear on other sanctions available under the Rules, including assessment of a fine; commencing civil injunction proceedings; and commencing civil contempt proceedings. However, Bar Counsel expressly reserves the right to pursue all available sanctions in the event Respondent commits conduct in violation with this Consent Agreement or Rule 7 of the Rules Governing the Wyoming State Bar and the Authorized Practice of Law.

8. The parties have agreed that in the event this Consent Agreement is approved, Bar Counsel will provide a copy of the approved Consent Agreement to the Wyoming Collection Agency Board.

9. UPL Rule 3(e) provides that the Committee has the authority to approve consent agreements:

The Committee shall have jurisdiction to conduct hearings on complaints alleging the unauthorized practice of law submitted by any person, including Bar Counsel; to approve or reject consent agreements; and to submit a report and recommendation to the Supreme Court containing findings of fact and conclusions of law following such hearings or approvals of consent agreements.

10. UPL Rule 6(d)(3)(A) provides:

If the respondent has entered into a consent agreement under subparagraph (3) of paragraph (f) of Rule 5, the consent agreement shall be submitted to the Committee for consideration along with the recommendations of Bar Counsel. Within thirty (30) days of the agreement being tendered to the Committee, the Committee shall issue a decision either accepting or rejecting the agreement.

11. A quorum of the UPL Committee has reviewed Bar Counsel's motion for approval of the Consent Agreement and finds that said motion should be granted.

*905WHEREFORE, pursuant to Rule 7(c) of the UPL Procedural Rules, the Committee recommends that the Court approve the Consent Agreement in the above-captioned matter.

DATED this 25th day of May, 2018. Christine Stickley, Chair Unauthorized Practice of Law Committee Wyoming State Bar

CERTIFICATE OF SERVICE

I do hereby certify that a true and correct copy of the foregoing was served upon Respondent this 24th day of May, 2018, by United States mail, first class postage prepaid, and by email correctly addressed as follows:

James E. Phillips Phillips Law, P.C. 822 Main Street P.O. Box 770 Evanston, WY 82931-0770 iimphillipslaw@gmail.com Counsel for Respondent

Free access — add to your briefcase to read the full text and ask questions with AI

Related

E.C. Cates Agency, Inc. v. Barbe
764 P.2d 274 (Wyoming Supreme Court, 1988)
Meyer v. Norman
780 P.2d 283 (Wyoming Supreme Court, 1989)
In Interest of FT
856 P.2d 1128 (Wyoming Supreme Court, 1993)
Hodson v. Sturgeon
2017 WY 150 (Wyoming Supreme Court, 2017)
Byrnes v. Harper
411 P.3d 427 (Wyoming Supreme Court, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
419 P.3d 901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/unauthorized-practice-of-law-comm-v-walton-wyo-2018.