Wyo. UPL R. 6

(a) If Bar Counsel determines that civil injunction proceedings should be instituted

against a respondent, including when seeking approval of a consent agreement entered

into under subparagraph (3) of paragraph (f) of Rule 5, Bar Counsel may commence

such proceedings in the name of the Committee by filing a petition in the Supreme

Court. The petition shall be in writing and shall set forth the facts and charges in plain

language and with sufficient particularity to inform the respondent of the acts that Bar

Counsel contends constitute the unauthorized practice of law. The petition shall specify

the requested relief, which may include, without limitation, injunction, refund, restitution, a fine, and assessment of costs of the proceeding, or the approval of a consent

agreement. Bar Counsel shall, at the time of filing the petition, serve a copy upon the

respondent by certified mail.

(b) Upon receipt of a petition filed by Bar Counsel in accordance with paragraph (a)

of this rule, the Court may issue an order referring the matter to the Committee for

further proceedings in accordance with paragraphs (d) through (h) of this rule.

(c) If the Court refers a case to the Committee under paragraph (b) of this rule, the

Court shall order the respondent to file with the Committee a written answer admitting

or denying the matter stated in the petition. Unless otherwise ordered by the Court, the

answer shall be filed within twenty (20) days after service of the Court’s order on the

respondent. If the Court is notified at the time the petition is filed by Bar Counsel that

the respondent has entered into a consent agreement as provided for in subparagraph

(3) of paragraph (f) of Rule 5, no answer need be filed by respondent unless otherwise

ordered by the Court.

(d) Disposition without hearing.

(1) If the respondent fails to file an answer within the time permitted, Bar

Counsel may move the Committee to conclude that the respondent has admitted

the facts set forth in the petition. If the Committee grants such a motion, the

Committee shall proceed to decide the case based on the petition and shall report

in writing to the Supreme Court its findings of fact, conclusions of law, and

recommended disposition of the case.

(2) If the respondent’s answer raises no genuine issue of material fact, any party

may move the Committee to decide the case based on the pleadings. If the

Committee grants such a motion, the Committee shall proceed to decide the case

and shall report in writing to the Supreme Court its findings of fact, conclusions of

law, and recommended disposition of the case.

(3) Consent agreement.

(A) If the respondent has entered into a consent agreement under subparagraph (3) of paragraph (f) of Rule 5, the consent agreement shall be submitted

to the Committee for consideration along with the recommendations of Bar

Counsel. Within thirty (30) days of the agreement being tendered to the

Committee, the Committee shall issue a decision either accepting or rejecting

the agreement.

(B) In considering the agreement and reaching a decision, the Committee

shall take any and all steps that the Committee deems are reasonably

necessary, including but not limited to admitting and considering stipulated

exhibits, reviewing any written admissions or factual stipulations, reviewing

memoranda or briefs submitted by the parties, or, in the Committee’s discretion, holding a hearing to question and otherwise take testimony from the

respondent and, if necessary, other witnesses.

(C) If the Committee accepts the agreement, the Committee shall proceed to

report in writing to the Supreme Court the Committee’s findings of fact,

conclusions of law, and recommended disposition of the case, and the Court

shall proceed as provided in Rule 7.

(D) If the Committee rejects the agreement, the Committee shall proceed to

schedule and conduct an evidentiary hearing pursuant to paragraphs (e)

through (h) of this rule, and neither the agreement nor any of the factual

stipulations made in connection with the agreement can be used against the

respondent or Bar Counsel in any further proceedings.

(e) Evidentiary hearing.

(1) Unless the Committee resolves the case without a hearing under paragraph

(d) of this rule, the Committee shall set a date, time, and place for an evidentiary

hearing on the pending petition.

(2) The evidentiary hearing shall be held in any county designated by the

Committee chair or the chair’s designee. When designating a place for the hearing,

consideration will be given to whether the location will be convenient for potential

witnesses.

(3) The notice of hearing shall advise the respondent that the respondent is

entitled to be represented by counsel at the hearing, to cross-examine witnesses,

and to present evidence in the respondent’s own behalf. Notice of hearing shall be

served by certified mail.

(f) Record of evidentiary hearing.

(1) ‘‘Record,’’ as used in these rules means the transcript of any evidentiary

hearing and all pleadings, exhibits, and other documents filed with the Committee

during the course of the proceedings.

(2) The Committee shall arrange for a certified court reporter to take a record of

all evidence received during the course of the hearing. The Wyoming State Bar

shall pay the expense for the transcript of proceedings, provided that the Court

may later assess the expense against the respondent under Rule 7. The respondent

may request a copy of the transcript directly from the court reporter at the

respondent’s own expense.

(g) Evidentiary hearing procedure.

(1) Hearings shall be adversary in nature, prosecuted by Bar Counsel who shall

bear the burden, by a preponderance of the evidence, of demonstrating that the

respondent has engaged in or is engaging in the unauthorized practice of law.

(2) All witnesses shall be sworn.

(3) Bar Counsel shall present evidence in support of all allegations in the

petition, followed by the respondent’s evidence.

(4) The Committee chair or the chair’s designee shall preside and shall make

rulings upon questions of admissibility of evidence and conduct of proceedings. The

Committee may ask questions of any witness, including the respondent, at any

stage of the proceedings.

(5) Hearings may be adjourned from time to time at the discretion of the

Committee.

(6) The complaining witness or witnesses, the respondent, and Bar Counsel may

be present throughout the hearing. Other witnesses may be excluded, except when

testifying, at the discretion of the Committee.

(7) A party may procure the attendance of a witness by requesting that the

Committee issue a subpoena in the name of the Supreme Court. In addition to any

potential violations of criminal law, the Court may hold a person in civil contempt

of court for failing or refusing, without adequate excuse, to comply with any such

subpoena.

(8) The Wyoming Rules of Civil Procedure and the Wyoming Rules of Evidence

shall be applicable when not inconsistent with these rules, subject to the fact that

the hearing officer may receive and consider any evidence that the hearing officer

believes to be cogent and credible in the exercise of sound judicial discretion.

(9) Within a reasonable time after the hearing, as ordered by the Committee,

both parties shall have the right to submit proposed findings of fact and conclusions

of law, and a suggested disposition of the case.

(h) Notice of findings, conclusions, and recommended disposition.

(1) Within thirty (30) days of receipt of the parties’ proposed findings of fact,

conclusions of law, and recommended disposition of the case, the Committee shall

submit to the Supreme Court the record of the hearing and a written report setting

forth the Committee’s findings of fact, conclusions of law, and recommended final

disposition of the case. A copy of the written report shall be mailed to respondent

and Bar Counsel.

(2) If the Committee concludes in the report that the respondent has engaged in

the unauthorized practice of law, then the Committee may recommend that a fine

be imposed for each incident of unauthorized practice of law; the minimum fine for

each incident shall be not less than two hundred and fifty dollars ($250) and not

more than one thousand dollars ($1000).