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Attorney disbarred for retaining fee

Attorney disbarred for retaining fee

Attorney disbarred for retaining fee

An attorney has been disbarred by the Utah Supreme Court for failing to disgorge a $30,000 fee after being ordered to do so by a trial court in 2008. The issue arose during a dispute when elements of the Utah Down Syndrome Foundation split off to found a new Utah Down Syndrome Association and the attorney represented the Association officers in unsuccessful litigation against the Foundation. The attorney, Donald H. Gilbert, Jr., represented the breakaway faction in filing a derivative suit on behalf of the Foundation against others on the Foundation board, but the case was dismissed on summary judgment. In February, 2007, the Foundation sued the Association and several individual defendants...

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