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	<title>Consumer Financial Protection Advocates Utah</title>
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		<title>INFORM Consumers Act takes effect on June 27th. Is your business ready?</title>
		<link>https://cfpau.org/inform-consumers-act-takes-effect-on-june-27th-is-your-business-ready/</link>
		
		<dc:creator><![CDATA[Katherine Nicholson]]></dc:creator>
		<pubDate>Wed, 14 Jun 2023 20:29:16 +0000</pubDate>
				<category><![CDATA[Financial Reports]]></category>
		<category><![CDATA[Consumer Fraud Education]]></category>
		<category><![CDATA[Fraud News]]></category>
		<category><![CDATA[Fraud Warnings]]></category>
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					<description><![CDATA[<p>The Inform Consumers Act says online marketplaces must disclose contact information about many third-party sellers of new or unused consumer products on their product pages or in order confirmation messages. Shoppers could use the information to learn more about a seller they’re not familiar with.</p>
<p>The post <a rel="nofollow" href="https://cfpau.org/inform-consumers-act-takes-effect-on-june-27th-is-your-business-ready/">INFORM Consumers Act takes effect on June 27th. Is your business ready?</a> appeared first on <a rel="nofollow" href="https://cfpau.org">Consumer Financial Protection Advocates Utah</a>.</p>
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		<title>Consumer Warning &#038; Alert CFP Board of Standards</title>
		<link>https://cfpau.org/alert/</link>
		
		<dc:creator><![CDATA[Admin]]></dc:creator>
		<pubDate>Wed, 14 Jun 2023 20:05:39 +0000</pubDate>
				<category><![CDATA[Consumer Advice]]></category>
		<category><![CDATA[Consumer Complaints]]></category>
		<category><![CDATA[Fraud Warnings]]></category>
		<category><![CDATA[CFP]]></category>
		<category><![CDATA[complaint]]></category>
		<guid isPermaLink="false">https://cfpau.org/?p=873</guid>

					<description><![CDATA[<p>Our opinion and review highlights the inappropriateness of CFP® trademark credential programs at university and colleges and utilizing student college savings plans, such as the 529 Plan, from privately owned companies (with trademark credential use by conditional permission companies). Specifically, the CFP® &#038; CERTIFIED FINANCIAL PLANNER™ trademarks owned by the "Certified Financial Planner Board of Standards, Inc.."</p>
<p>The post <a rel="nofollow" href="https://cfpau.org/alert/">Consumer Warning &#038; Alert CFP Board of Standards</a> appeared first on <a rel="nofollow" href="https://cfpau.org">Consumer Financial Protection Advocates Utah</a>.</p>
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<h1 style="text-align: center;"><span style="color: #db1212;"><strong>Consumer Warning &amp; Alert:</strong></span></h1>
<h2 style="text-align: center;"><span style="color: #db1212;"><strong>CFP Board of Standards, Inc. Owner of the </strong></span><span style="color: #db1212;"><strong>CFP® &amp; </strong></span></h2>
<h2 style="text-align: center;"><span style="color: #db1212;"><strong>CERTIFIED FINANCIAL PLANNER™ </strong></span><span style="color: #db1212;"><strong>Trademarks</strong></span></h2>
<h3></h3>
<h3 style="text-align: center;"><strong>READ Full Report (49 Pages) &amp; Footnote Clip File (304) Pages are available at:</strong></h3>
<p>&nbsp;</p>
<h2 style="text-align: center;"><span style="color: #0000ff;"><a style="color: #0000ff;" href="https://cfpau.org/wp-content/uploads/2023/06/Consumer-Warning-and-Alert-CFP-Trademark-and-CFP-Board-of-Standards-Inc-.pdf">Consumer Warning and Alert CFP Trademark and</a></span></h2>
<h2 style="text-align: center;"><span style="color: #0000ff;"><a style="color: #0000ff;" href="https://cfpau.org/wp-content/uploads/2023/06/Consumer-Warning-and-Alert-CFP-Trademark-and-CFP-Board-of-Standards-Inc-.pdf"> CFP Board of Standards Inc.</a></span></h2>
<h5 style="text-align: center;"><strong>and</strong></h5>
<h3 style="text-align: center;"><span style="color: #0000ff;"><a style="color: #0000ff;" href="https://cfpau.org/wp-content/uploads/2023/06/Clip-File-Warning-and-Alert-CFP-Board-of-Standards-Inc.-Footnotes-1.docx">Clip File Warning and Alert CFP Board of Standards Inc. Footnotes</a></span></h3>
<p style="text-align: center;"><strong> </strong></p>
<h2 style="text-align: center;"><span style="color: #000000;"><strong>Executive Summary</strong></span></h2>
<p style="text-align: center;"><span style="color: #000000;"><strong> </strong></span></p>
<p><span style="color: #000000;">6/14/2023 9:22:03 AM — Our opinion and review highlights the inappropriateness of trademark credential programs at universities and colleges and utilizing student college savings plans, such as the 529 Plan, from privately owned companies (with trademark credential use by conditional permission companies). Specifically, the CFP® &amp; CERTIFIED FINANCIAL PLANNER™ trademarks owned by the &#8220;CFP Board of Standards, Inc..&#8221;</span></p>
<p><span style="color: #000000;">To explain the differentiation between various professional credentials, it is essential to note that educational qualifications such as an MBA or other graduate master&#8217;s or doctorate degrees from accredited educational institutions or state-regulated credentials, such as the CPA, RN, JD, or MD, which necessitate state licensing. These recognized credentials are rarely revocable unless in the event of a criminal conviction in a Federal or State court of law.</span></p>
<p><span style="color: #000000;">Contrastingly, the CERTIFIED FINANCIAL PLANNER™ and CFP® trademarks, owned by a private company, do NOT carry equivalent protection, nor is it an analogous substitute for an accredited educational degree or state license. It is also crucial to emphasize that the CFP® does not classify as a state-regulated professional credential.<a style="color: #000000;" href="#_ftn1" name="_ftnref1">[1]</a></span></p>
<p><span style="color: #000000;"><strong>This privately owned trademark should NOT be included as an option for Plan 529 spending on exams or exam prep courses in the H.R.1477, the Freedom To Invest in Tomorrow&#8217;s Workforce Act, or be included in the recognized postsecondary credential program list prepared under section 122(d) of the Workforce Innovation and Opportunity Act or other government-funded education plans.<a style="color: #000000;" href="#_ftn2" name="_ftnref2">[2]</a> </strong></span></p>
<p><span style="color: #000000;">Student college savings invested in qualifying to apply to obtain the use of the CFP® trademark can easily be lost when the permission to use the trademark is revoked for non-payment of annual high fees or failure to comply with the company&#8217;s lengthy list of policies, which change frequently.<a style="color: #000000;" href="#_ftn3" name="_ftnref3">[3]</a></span></p>
<p><span style="color: #000000;">Even minor infractions or expressing criticism can lead to disqualification<a style="color: #000000;" href="#_ftn4" name="_ftnref4">[4]</a>, resulting in the loss of a significant amount of a student&#8217;s college savings. The average cost to qualify for the conditional use of the CFP® trademark is over seven thousand dollars ($7,000) just for the required CFP® courses today.</span></p>
<p><span style="color: #000000;"><strong>If Congress passes H.R.1477, the Freedom to Invest in Tomorrow&#8217;s Workforce Act. The CFP® trademark use only by permission should NOT be included in the recognized postsecondary credential program list prepared under section 122(d) of the Workforce Innovation and Opportunity Act.</strong></span></p>
<p><span style="color: #000000;">Our case investigation revealed that this company engages in aggressive disciplinary procedures, tarnishing the reputations of individual planners and refusing to rectify false, damaging internet listings. While certain cases&#8217; “Hearings” may exhibit reasonableness and accuracy, our extensive research indicates that there are others, such as the case in this consumer warning and alert, which yield false and unduly detrimental outcomes continuing to damage the student or professional for decades.<a style="color: #000000;" href="#_ftn5" name="_ftnref5">[5] </a></span></p>
<p><span style="color: #000000;">Students with conditional permission to use the CFP® trademark face numerous possibilities for its revocation, despite the company owner lacking any state or national regulatory authority. This company irresponsibly publishes false reports and press releases to enhance an image to appear as a regulatory body for the profession while they are NOT one, all while intentionally harming many innocent students and professionals. </span></p>
<p><span style="color: #000000;">Many students regret pursuing the use of the CFP® trademark after investing a substantial level of their educational savings when they find out it is NOT what it was represented to be (96% of jobs in the field are compensated through required insurance and securities licenses and sales commissions.)<a style="color: #000000;" href="#_ftn6" name="_ftnref6">[6]</a> Or they lose the permission to use the trademark when an issue arises from company policies. Often CFP®s incur difficulties because they are often denied company policy documentation and meaningful responses to their questions or inquiries.<a style="color: #000000;" href="#_ftn7" name="_ftnref7">[7]</a> <a style="color: #000000;" href="#_ftn8" name="_ftnref8">[8] </a></span></p>
<p><span style="color: #000000;">This consumer warning represents a long investigation to resolve our consumer complaint with this company and our extensive background research when the CFP Board of Standards, Inc. company representatives refused to answer any of our questions and provide the complainant consumer or us with any of our requested documentation.<a style="color: #000000;" href="#_ftn9" name="_ftnref9">[9]</a></span></p>
<p><span style="color: #000000;">Despite our diligent efforts to foster a cordial, respectful, and amicable relationship aimed at jointly resolving this consumer complaint with the company, regrettably, they have chosen to reject cooperation.</span></p>
<p><span style="color: #000000;">Their response, characterized by an arrogant demeanor, is marred by the inclusion of false and contradictory information, originating from the same attorney who authored all their previous case correspondence to our consumer complainant over many years and after we first requested that he as the one Party named in our Consumer Complaint, NOT represent the CFP Board response, he did so.<a style="color: #000000;" href="#_ftn10" name="_ftnref10">[10] </a></span></p>
<p><span style="color: #000000;">Following an extensive and thorough investigation conducted to ensure an equitable assessment of this consumer and company, we have arrived at the conclusion that they have demonstrated a profound lack of diligence in fulfilling the requested responses to both the consumer and our team.</span></p>
<p><span style="color: #000000;">Despite numerous requests over an extended period, even repeating requests for answers and documentation several times, this company has failed to be transparent as they claim on their website and assist their certificant consumer service obligations satisfactorily.</span></p>
<p><span style="color: #000000;">The CFP Board of Standards, Inc. boasts an impressive annual income exceeding forty million dollars ($40,000,000), derived from the licensing fees paid by their Certified Financial Planners (CFP®s also called “certificants”) for the use of their trademarks. Furthermore, their substantial advertising budgets have resulted in expenditures surpassing one hundred and fifty million dollars ($150,000,000) in recent years alone.<a style="color: #000000;" href="#_ftn11" name="_ftnref11">[11] </a></span></p>
<p><span style="color: #000000;">Despite this financial prowess, the CEO exhibits unwavering confidence in their ability to dismiss any consumer concerns delegating them to his General Counsel “fixer” for harsh, sometimes threatening, brief partial legal responses.</span></p>
<p><span style="color: #000000;">He displays a disregard for providing suitable or complete responses to both consumers and consumer advocate agencies such as ours.</span></p>
<p><span style="color: #000000;">There is no appropriate consumer response department, team, or company representative that serves to resolve issues to help these CFP® certificant consumers. Often consumer requests don’t get a response, and often if they do, it is a purposely anonymous reply. So that if a question is not answered or is partially answered, the consumer gets the “run around” without the ability to follow up with the same person. It is an intentional tactic to prevent accountability or responsibility for who issued the responses.</span></p>
<p><span style="color: #000000;">CFP® certificant consumers have zero representation or power within or outside the company, so if there is a problem, their only option is to walk away from the trademark use and trademark-owning company and lose all their educational savings and time spent to qualify for permission to use the trademark credential. </span></p>
<p><span style="color: #000000;"><strong>Don’t be fooled, this company-owned trademark is NOT like an accredited college awarding an educational degree or even a state-licensed credential like a CPA</strong>.</span></p>
<p><span style="color: #000000;"><strong>It is simply temporary permission to use a company-owned trademark as a credential with high upfront and annual costs.</strong> <strong>While the CFP Board promotes that it is comparable to a CPA, to try to make it appear to be a stable profession, a high-in-demand career, with salary positions, it is NOT so. It CANNOT be compared on any level to a CPA, which is a respected, job secure, well-paid salary position, and state-licensed and regulated credential.</strong></span></p>
<p><span style="color: #000000;">We will show in this comprehensive report the industry-wide complaints and significant problems within this company that are difficult for consumers to discover due to the multi-million dollar CFP Board of Standards, Inc. brand advertising and online search engine optimization that hides them. </span></p>
<p><span style="color: #000000;"><strong>Consequently, based on these report findings, we issue this strong consumer warning and alert about the Certified Financial Planner Board of Standards, Inc. and assign them a failing grade of &#8220;F.&#8221;</strong></span></p>
<p>&nbsp;</p>
<ol>
<li><span style="color: #000000;">Mark Schoeff Jr.. (2019 July 29). CFP Board Omits Thousands of Regulatory, Criminal Problems of its Certificants on consumer site. Investment News.</span></li>
<li><span style="color: #000000;">Melanie Waddell (2023 April 20) New Bill Allows 529 Plans to Be Tapped for CFP®, CPA Exams. Think Advisor</span></li>
<li><span style="color: #000000;"><a style="color: #000000;" href="#_ftnref3" name="_ftn3"></a> Michael Kitcies, (2010 November 12). CFP Board 80% Fee Increase – It’s Official. Michael Kitcies Nerd&#8217;s Eye View.</span></li>
<li><span style="color: #000000;"><a style="color: #000000;" href="#_ftnref4" name="_ftn4"></a>Jeff Berman, (2022 November 7) Kitces, Other Advisors Stunned by Rude Advisor Sanctioned by CFP Board. AUM Think Advisor.</span></li>
<li><span style="color: #000000;">Robert Schmansky. (2009 Sep 17). Why CFP Board Failed The Public And Will Again. Forbes.</span></li>
<li><span style="color: #000000;">Brian Preston, CPA, CFP®, PFS and Bo Hanson, CFA, CFP®. (2020 Jan 17). From Money Guys Podcast, Episode. How and When to Hire a Financial Advisor! YouTube. (See the chart of two CFP® certificants that indicates that CFP®s are about 96% sales agents and only 4% fee-only planners.)</span></li>
<li><span style="color: #000000;"> Patrick Donachie. (2021 July 30). Critics Question the Impact of CFP Board&#8217;s Proposed Sanction Revisions: Some Observers Argue the CFP Board’s Proposed Changes Go Too Far and That Its Resources Could Be Better Used Elsewhere―Others Say the Revisions Don’t Go Far Enough. WealthManagement</span></li>
<li><span style="color: #000000;"> Zweig, J., Andrea Fuller (2019, July 30). Looking for a Financial Planner? The Go-To Website Often Omits Red Flags. The CFP Board of Standards, Which Runs LetsMakeAPlan.org, Doesn’t Inform Users About Customer Complaints, Regulatory Skirmishes, and Other Problems. The Wall Street Journal.</span></li>
<li><span style="color: #000000;"><a style="color: #000000;" href="#_ftnref9" name="_ftn9"></a> Don Trone. (2018 June 28). CFP Board: Fiduciary Hypocrites. ALM Think Advisor.</span></li>
<li><span style="color: #000000;"><a style="color: #000000;" href="#_ftnref10" name="_ftn10"></a> Zweig, J. (2019 August 9). Investors Need This Cop to Toughen Up: Does the Certified Financial Planner Board of Standards Have the Backbone to Improve its Scrutiny of Financial Advice? The Wall Street Journal.</span></li>
<li><span style="color: #000000;"><a style="color: #000000;" href="#_ftnref11" name="_ftn11"></a>Robert Schmansky. (2020, March 9). CFP Board Provides Cover for Lying Financial Advisors. Forbes Money Wealth Management. Forbes.</span></li>
</ol>
<p>See our related article about: <a class="et-accent-color" href="https://cfpau.org/avoiding-bad-financial-advisors/">AVOIDING BAD FINANCIAL ADVISORS</a></p>
<div class="post-meta vcard">
<p>Specific advice and questions to ask your current and future advisors to determine in any hidden compensation or conflicts of interest. You can weed out the “bad advisors” and find a good advisor.</p>
</div>
<p>The post <a rel="nofollow" href="https://cfpau.org/alert/">Consumer Warning &#038; Alert CFP Board of Standards</a> appeared first on <a rel="nofollow" href="https://cfpau.org">Consumer Financial Protection Advocates Utah</a>.</p>
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		<title>Scam Alert: Beware of ERTC Firms Bearing Gifts</title>
		<link>https://cfpau.org/scam-alert-beware-of-ertc-firms-bearing-gifts/</link>
		
		<dc:creator><![CDATA[Admin]]></dc:creator>
		<pubDate>Sun, 21 May 2023 13:46:46 +0000</pubDate>
				<category><![CDATA[Fraud Warnings]]></category>
		<category><![CDATA[Consumer Affairs Agencies]]></category>
		<category><![CDATA[Consumer Fraud Education]]></category>
		<guid isPermaLink="false">https://cfpau.org/?p=866</guid>

					<description><![CDATA[<p>The National Council of Nonprofits recently shared information on tax scams identified by the Internal Revenue Service that are targeting nonprofit organizations. The IRS released its annual Dirty Dozen list representing, as they put it, “the worst of the worst tax scams.” Among this year’s scams is aggressive marketing schemes to con ineligible nonprofits to claim ERTC benefits.</p>
<p>The post <a rel="nofollow" href="https://cfpau.org/scam-alert-beware-of-ertc-firms-bearing-gifts/">Scam Alert: Beware of ERTC Firms Bearing Gifts</a> appeared first on <a rel="nofollow" href="https://cfpau.org">Consumer Financial Protection Advocates Utah</a>.</p>
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<p>&nbsp;</p>
<div class="clr"><span class="itemDateCreated">April 05, 2023, Utah Nonprofits Association Newsroom.  </span>The National Council of Nonprofits recently shared information on tax scams identified by the Internal Revenue Service that are targeting nonprofit organizations. The IRS released its annual <a href="https://www.irs.gov/newsroom/dirty-dozen" target="_blank" rel="noopener">Dirty Dozen list</a> representing, as they put it, “the worst of the worst tax scams.” Among this year’s scams is aggressive marketing schemes to con ineligible nonprofits to claim ERTC benefits.</div>
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<p>“While the credit has provided a financial lifeline to millions” of employers, said IRS Commissioner Danny Werfel, “there are promoters misleading people and businesses into thinking they can claim these credits.” The IRS is increasing scrutiny on what it calls “aggressive promoters making offers too good to be true.” The IRS cites &#8220;blatant attempts&#8221; and &#8220;schemes from promoters who have been blasting ads on radio and the internet touting refunds involving Employee Retention Credits, also known as ERCs. These promotions can be based on inaccurate information related to eligibility for and computation of the credit.&#8221; <a href="https://www.irs.gov/newsroom/irs-opens-2023-dirty-dozen-with-warning-about-employee-retention-credit-claims-increased-scrutiny-follows-aggressive-promoters-making-offers-too-good-to-be-true" target="_blank" rel="noopener">Read the IRS News Release</a>.</p>
<p>It has come to UNA&#8217;s attention that a company called Synergi has been contacting members and claiming a relationship with UNA in order to promote their Employee Retention Tax Credit (ERTC) services. Please note that UNA does not partner with or maintain any relationship with Synergi and in no way endorses their services or business practices.</p>
<p>The businesses that UNA partners with are <a href="https://utahnonprofits.org/services-for-nonprofits" target="_blank" rel="noopener">clearly listed on our website</a> and have a relationship with us through Business Membership, Sponsorship, or program-related partnerships. UNA never shares members&#8217; contact information with outside entities. If you have been contacted by this company, <a href="https://utahnonprofits.org/about/contact-una" target="_blank" rel="noopener">let us know</a> so we can monitor this information.</p>
<p>Nonprofits, often overloaded and under-resourced, may seem like easy targets for scammers. Remember to stay vigilant, do your own due diligence, and contact UNA with any questions or concerns.</p>
<p>&#8212;</p>
<p>For more information or to report an issue, visit the Utah Department of Commerce, <a href="https://consumerprotection.utah.gov/" target="_blank" rel="noopener">Division of Consumer Protection</a>.</p>
</div>
</div>
<p>The post <a rel="nofollow" href="https://cfpau.org/scam-alert-beware-of-ertc-firms-bearing-gifts/">Scam Alert: Beware of ERTC Firms Bearing Gifts</a> appeared first on <a rel="nofollow" href="https://cfpau.org">Consumer Financial Protection Advocates Utah</a>.</p>
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		<title>Utah State Bar: Lawyer Complaints &#038; Discipline</title>
		<link>https://cfpau.org/utah-state-bar-lawyer-complaints-discipline/</link>
		
		<dc:creator><![CDATA[Admin]]></dc:creator>
		<pubDate>Wed, 02 Sep 2020 18:26:13 +0000</pubDate>
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		<category><![CDATA[Utah State Bar]]></category>
		<guid isPermaLink="false">https://cfpau.org/?p=479</guid>

					<description><![CDATA[<p>All the bad lawyer jokes aside, many of us have had contact with or know someone who has had contact with an unethical lawyer at one time. Lawyers enjoy exceptional advantages and power in our society and this power can often be abused. Because of this, State Bars have been given authority by the legislatures to regulate and discipline lawyers when their behavior crosses the line into unethical conduct and more. Lawyers may receive minor penalties up to even losing their license to practice law in your state.</p>
<p>The post <a rel="nofollow" href="https://cfpau.org/utah-state-bar-lawyer-complaints-discipline/">Utah State Bar: Lawyer Complaints &#038; Discipline</a> appeared first on <a rel="nofollow" href="https://cfpau.org">Consumer Financial Protection Advocates Utah</a>.</p>
]]></description>
										<content:encoded><![CDATA[<h1 style="text-align: center;">Utah State Bar: Lawyer Complaints &amp; Discipline</h1>
<p>&nbsp;</p>
<div id="attachment_505" style="width: 310px" class="wp-caption aligncenter"><img loading="lazy" loading="lazy" decoding="async" aria-describedby="caption-attachment-505" loading="lazy" class="size-medium wp-image-505" src="https://cfpau.org/wp-content/uploads/2020/09/Utah-State-Bar-Discipline-300x113.jpg" alt="Utah State Bar Discipline" width="300" height="113" srcset="https://cfpau.org/wp-content/uploads/2020/09/Utah-State-Bar-Discipline-300x113.jpg 300w, https://cfpau.org/wp-content/uploads/2020/09/Utah-State-Bar-Discipline.jpg 598w" sizes="(max-width: 300px) 100vw, 300px" /><p id="caption-attachment-505" class="wp-caption-text">                    Utah State Bar Discipline</p></div>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p>All the bad lawyer jokes aside, many of us have had contact with or know someone who has had contact with an unethical lawyer at one time. Lawyers enjoy exceptional advantages and power in our society and this power can often be abused. Because of this, State Bars have been given authority by the legislatures to regulate and discipline lawyers when their behavior crosses the line into unethical conduct and more. Lawyers may receive minor penalties up to even losing their license to practice law in your state.</p>
<p>Such conduct can range from illegal behavior to ethical violations. It may be sending you a scary and threatening letter of a lawsuit (just a nuisance suit they know they could not win), if you don&#8217;t do what they ask. But they know the threat poses a large expense and much time involved to defend yourself is all lost, even if you win. So their experience is that most people will do some action to benefit their clients, and it often works. Yet is this is not ethical.</p>
<p>One extreme example of this is the case of Michael John Avenatti, best known for his representation of adult-film actress Stormy Daniels in her lawsuits against President Donald Trump, and Avenatti also announced he was going to run for President. There is a fine line for lawyers between threatening lawsuits and extortion. Avenatti was convicted of attempting to extort over $20 million from Nike. He has been charged in two separate indictments with embezzling $300,000 from Daniels, and with tax fraud and stealing several million dollars from other clients.</p>
<p>It may be other unethical actions such as overbilling, which is quite prevalent. I was a victim of double billing. I caught it and let the Utah lawyer know I would take it to the Utah State Bar, they corrected the double billing issue that same week, rather than risk exposure to the State Bar!</p>
<p>Knowing how to file a formal complaint against an unethical lawyer is golden, and often just letting that lawyer know that their behavior is unethical and a cause for a Utah State Bar investigation, review,  and state bar discipline may be all you need to do to get them to adjust their bill down to the correct billing or stop the threats of nuisance suits.</p>
<p>Below is a link to the</p>
<p><script src="https://cfpau.org/wp-content/plugins/embed-extended/assets/js/embed.js?ver=1.3.0"></script><iframe class="ee-iframe" sandbox="allow-scripts" security="restricted" src="https://cfpau.org/wp-admin/admin-ajax.php?action=embed_extended_iframe&#038;url=https://www.utahbar.org/member-services/cap-request-form/#secret=603ab34ec407a" title="Consumer Assistance Request Form - Utah State Bar" data-secret="603ab34ec407a" width="600" height="338" frameborder="0" marginwidth="0" marginheight="0" scrolling="no" data-class="wp-embedded-content"></iframe> </p>
<p>I have been told it had to be notarized and mailed to them at:</p>
<p>Utah State Bar<br />
Senior Counsel<br />
Office of Professional Conduct<br />
645 South 200 East, Suite 205<br />
Salt Lake City, UT 84111-3834<br />
(801) 531-9110</p>
<p>Here is the form if you want to copy and print it out from this page.</p>
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<h2 style="text-align: center;"><span style="color: #0000ff;"><a style="color: #0000ff;" href="https://cfpau.org/wp-content/uploads/2020/08/Lawyer-Complaint-Form-State-Bar.docx">Lawyer Complaint Form State Bar</a></span></h2>
<p>&nbsp;</p>
<p>If you have any questions please e-mail:</p>
<p style="text-align: left; padding-left: 40px;">CAP@UTAHBAR.ORG or jeannine.timothy@utahbar.org</p>
<p>Here is some information about the steps your complaint will follow:</p>
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<p>&#8220;The Utah State Bar is an organization of Utah’s 12,500 lawyers and judges. The history of the Utah State Bar began in the early 1900’s with the association of several Utah lawyers hoping to improve communication within the legal community and to find ways of serving the general public. In 1931 the Utah Legislature recognized the need to foster those goals and designated the Utah State Bar by statute to manage and regulate the legal profession by licensing all persons who engage in the practice of law. In 1985, the Utah State Constitution was amended to clarify that regulation of the legal profession should be performed under the Judicial Branch of government through the Utah Supreme Court, and the <strong>Bar was “perpetuated, created and continued” to perform regulatory and public interest services under the direction and control of the Supreme Court.&#8221;</strong> —Licensedlawyer.org  website.</p>
<p>Legislation is often to protect lawyers and to make it difficult for consumers to obtain lawyer discipline. This is their legal code:</p>
<p style="font-weight: 400; padding-left: 40px;"><strong><b>Rule 14-516. </b>Dissemination of disciplinary information.</strong></p>
<p style="font-weight: 400; padding-left: 40px;">(a) Notice to disciplinary agencies. The OPC shall transmit notice of public discipline, resignation with discipline pending, transfers to or from disability status, reinstatements, readmissions, and certified copies of judgments of conviction to the disciplinary enforcement agency of every other jurisdiction in which the respondent is admitted, and to the National Lawyer, Regulatory Database maintained by the American Bar Association.</p>
<p style="font-weight: 400; padding-left: 40px;"><strong>(b) Notice to the public. The executive director shall cause notices of admonition, public reprimand, suspension, disbarment, resignation with discipline pending, transfer to disability status and petitions for reinstatement or readmission to be published in the Utah Bar Journal. The executive director also shall cause notices of suspension, disbarment, resignation with discipline pending, transfer to disability status and petitions for reinstatement or readmission to be published in a newspaper of general circulation in each judicial district within Utah in which the respondent maintained an office for the practice of law.</strong></p>
<p style="font-weight: 400;"><strong>&#8220;The Office of Professional Conduct (OPC) has three primary responsibilities:</strong></p>
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<div class="number uk-h2">1:Investigate allegations against attorneys and LPPs for violating the Rules of Professional Conduct</div>
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<div class="number uk-h2">2:Prosecute those allegations in accordance with the Rules of Discipline and Disability and the Standards for Imposing Sanctions.</div>
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<div class="number uk-h2">3:Educate members of the Bar regarding their professional ethical responsibilities through seminars and discipline notices in the Utah Bar Journal.</div>
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<p>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 attorneys and LPPs. The process is designed to protect the public and the administration of justice from attorneys and LPPs who have demonstrated by their conduct that they are unable or likely to be unable to discharge properly their professional responsibilities.</p>
<p><strong>While the OPC is charged with investigating and prosecuting attorneys’ and LPPs’ misconduct, the office does not make the ultimate determination as to whether rules have been violated and it does not impose discipline against attorneys or LPPs. This determination is made by the Utah Supreme Court through either the Ethics and Discipline Committee or the District Courts.&#8221;</strong></p>
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<p>&#8220;All complaints, information, investigations, and private discipline are confidential. As such the OPC is not able to confirm or deny that anything has been filed against an attorney or LPP, that an attorney or LPP is being investigated for an alleged violation of the Utah Rules of Professional Conduct, or that an attorney or LPP has received private discipline.&#8221;—Office of Professional Conduct (OPC) website.</p>
<p>&nbsp;</p>
<h3 style="text-align: center;"><strong>Not all lawyers are unethical</strong></h3>
<h3 style="text-align: center;"><strong>here are some tips for finding a good lawyer:</strong></h3>
<p>&nbsp;</p>
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<ol class="X5LH0c">
<li class="TrT0Xe">They are cautiously optimistic. Most cases are not easy slam-dunks, and it is important that your lawyer doesn&#8217;t make promises regarding the outcome of your case. Overconfidence can be a concern. Does it feel like sales talk to you? Be sure to interview several. They should provide you with a free consultation.</li>
<li class="TrT0Xe">Are they a good listener?</li>
<li class="TrT0Xe">Do they seem objective?</li>
<li class="TrT0Xe">Are they honest about fees upfront?</li>
<li class="TrT0Xe">Make a wise decision and trust your gut.</li>
<li>Do a &#8220;Lawyer Look-Up&#8221; steps to see if the lawyer has a history of ethics and other violations are listed on this page:</li>
</ol>
<p style="padding-left: 40px;"><a href="https://cfpau.org/guide-how-to-lookup-utah-lawyers-for-state-bar-discipline/">https://cfpau.org/guide-how-to-lookup-utah-lawyers-for-state-bar-discipline/</a></p>
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<p>&nbsp;</p>
<p>The post <a rel="nofollow" href="https://cfpau.org/utah-state-bar-lawyer-complaints-discipline/">Utah State Bar: Lawyer Complaints &#038; Discipline</a> appeared first on <a rel="nofollow" href="https://cfpau.org">Consumer Financial Protection Advocates Utah</a>.</p>
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