In Re Hansen Disciplinary Proceeding , 1978 Utah LEXIS 1438 ( 1978 )

WILKINS, Justice,

concurring and dissenting:

I concur in the judgment of the Court that Mr. Hansen should not be suspended from the practice of law for a period of one year, but dissent from the mandate that he be ordered to return the fees paid. There is, I acknowledge, no evidence concerning any negotiations between Mr. Hansen and Mrs. Behunin in the record but Mr. Hansen’s attorneys informed this Court on the day this matter was heard that negotiations had occurred and part of the fee had been returned to Mrs. Behunin. If the parties have negotiated a settlement, we should not substitute, sua sponte, our judgment for their resolution of the matter, particularly when a record on this point could easily be furnished to this Court.

MAUGHAN, J., concurs in the views expressed in the concurring and dissenting opinion of WILKINS, J.