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Board of Prof'l Responsibility v. Powers

Supreme Court of Wyoming

December 3, 2014

BOARD OF PROFESSIONAL RESPONSIBILITY, WYOMING STATE BAR, Petitioner,
v.
SCOTT M. POWERS, WSB #6-3188, Respondent

Dated November 12, 2014.

ORDER OF DISBARMENT

E. JAMES BURKE, Chief Justice.

[¶1] This matter came before the Court upon a " Report and Recommendation for Disbarment," filed herein November 13, 2014, by the Board of Professional Responsibility for the Wyoming State Bar, pursuant to Section 16 of the Disciplinary Code for the Wyoming State Bar (stipulated discipline). The Court, after a careful review of the Board of Professional Responsibility's Report and Recommendation, and the file, finds that the Report and Recommendation should be approved, confirmed, and adopted by the Court, and that Respondent, Scott M. Powers, should be disbarred. It is, therefore,

[¶2] ADJUDGED AND ORDERED that the Board of Professional Responsibility's Report and Recommendation for Disbarment, which is attached hereto and incorporated herein, shall be, and the same hereby is, approved, confirmed, and adopted by this Court; and it is further

[¶3] ADJUDGED AND ORDERED that, as a result of the conduct set forth in the Report and Recommendation for Disbarment, Respondent, Scott M. Powers, shall be, and hereby is, disbarred, effective immediately; and it is further

[¶4] ORDERED that Respondent shall comply with Section 22 of the Disciplinary Code for the Wyoming State Bar. That Section governs the duties of disbarred and suspended attorneys; and it is further

Page 998

[¶5] ORDERED that, pursuant to Section 26 of the Disciplinary Code for the Wyoming State Bar, Mr. Powers shall reimburse the Wyoming State Bar the amount of $50.00, representing the costs incurred in handling this matter, as well as pay the administrative fee of $500.00; and it is further

[¶6] ORDERED that Respondent shall pay the administrative fee and costs, along with all other amounts owed to the Wyoming State Bar, in accordance with the terms of the promissory note referenced in the Report and Recommendation for Disbarment; and it is further

[¶7] ORDERED that the Clerk of this Court shall docket this Order of Disbarment, along with the incorporated Report and Recommendation for Disbarment, as a matter coming regularly before this Court as a public record; and it is further

[¶8] ORDERED that, pursuant to Section 4(a)(iv) of the Disciplinary Code for the Wyoming State Bar, this Order of Disbarment, along with the incorporated Report and Recommendation for Disbarment, shall be published in the Wyoming Reporter and the Pacific Reporter; and it is further

[¶9] ORDERED that the Clerk of this Court cause a copy of this Order of Disbarment to be served upon Respondent, Scott M. Powers.

[¶10] DATED this 3rd day of December, 2014.

REPORT AND RECOMMENDATION FOR DISBARMENT

THIS MATTER having come before the Board of Professional Responsibility (Board) on the 10th day of November, 2014, for consideration on the Stipulated Motion for Disbarment (Stipulated Motion) of Respondent filed October 24, 2014, and the Board having reviewed the Stipulated Motion, the affidavit of Respondent in support thereof, and being otherwise fully advised in the premises, FINDS, CONCLUDES and RECOMMENDS:

Findings of Fact

1. Respondent has been licensed to practice law in the State oi Wyoming since 1997. On December 18, 2013, the Wyoming Supreme Court issued an Order of Public Censure for Respondent for conduct violating Rule 1.3 (diligence) and Rule 1.4 (reasonable communication) of the Wyoming Rules of Professional Conduct in three different client matters. On April 23, 2014, the Court issued an Order suspending Respondent from the practice of law for a period of nine months commencing May 1, 2014. The Order of Suspension cited Respondent's violation of Rules 1.3 and 1.4 in four different client matters.

2. The Order of Suspension provides, " Respondent shall comply with Section 22 of the Disciplinary Code for the Wyoming State Bar." Section 22 provides in pertinent part:

(a) Within fifteen (15) days of the date of (1) a final order imposing discipline or (2) an order of suspension entered pursuant to Section 17 or 18, a disbarred or suspended attorney shall notify the following persons by registered or certified mail, return receipt requested, of the attorney's disbarment or suspension and the attorney's consequent inability to act as an attorney after the effective date of the disbarment or suspension:
(i) All clients in pending matters. The attorney shall advise clients to seek legal advice elsewhere and to obtain another attorney for litigated matters or administrative proceedings.

(ii) Any co-counsel who is involved in litigated matters or administrative proceedings.

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(iii) The attorney for each adverse party or, in the absence of such counsel, the adverse party or parties in litigated matters or administrative proceedings. The notice to parties shall state the place of ...

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