The Utah State Bar, through its Office of Attorney Discipline, appeals a district court order suspending Jean Robert Babilis from the practice of law for three years. The Bar filed a complaint alleging that Babilis had accepted representation of an estate in an uncontested probate matter on the basis of a contingency fee, converted estate funds to his own use, and lied to both his clients and a court about his handling of the case. On this appeal, the Bar asserts that the trial court, instead of suspending Babilis, should have disbarred him. Babilis has cross-appealed, arguing that the trial court should have imposed a lesser penalty than a three-year suspension. He also contends that the Bar had no right to appeal the trial court's disciplinary order. We hold that the Bar has a right to appeal disciplinary orders imposed by district courts and that Babilis' misconduct warrants disbarment.
