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Law Experts Challenge Shurtleff's Ability To Practice

Mark Shurtleff
/
youtube.com

Prosecutors are scheduled to lay out their evidence in the bribery case against Former Utah Attorney General Mark Shurtleff this summer. The five-day evidence hearing will begin on June 15.

For all the planned time he will spend in court, Shurtleff still has an interest in criminal law, which is evidenced by the fact that he is starting his own law firm.

Shurtleff's first minute-long ad posted on YouTube focuses on his services as criminal defense lawyer and hints at his own ongoing legal case.

Shurtleff told The Associated Press that the charges against him are just accusations that he is dealing with, but in the meantime he has legal experience to offer. He has denied the accusations against him of bribery, witness and evidence tampering, and obstruction of justice.

Linda Smith from the College of Law at the University of Utah said there are three ethical considerations with Shurtleff opening a law firm.

“When you’re disbarred, you’ve got to stop. Or when you’re suspended, you’ve got to stop,” Smith said. “I don’t know where the disciplinary case is, but it’s probably on hold. Two, conflicts of interest—is he able to do a good job for his clients, because of his own personal interests? And then three, is he saying things that might be false or misleading?

Usually, the Bar won’t take disciplinary action while criminal charges are pending. The only scenario in which Shurtleff could be disbarred is if he is convicted of a separate crime from the nine charges currently before the Bar.

Smith added that Shurtleff’s situation is “a little odd,” but said others have continued to practice while facing their own charges.