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Ethics Advisory Opinions Related to Family Law

This is not a comprehensive list of Ethics Advisory Opinions. We have extracted those that are specific to family law issues. If you want a more comprehensive listing of opinions, please see the EAOC index.

Opinion
Issue
Rules Applied
01-01 Under the Utah Rules of Professional Conduct, may an attorney representing a client in a divorce case assert a statutory attorney’s lien under Utah Code Ann. § 78-54-41 against property awarded to the client in the divorce settlement?

 1.8(a), 1.8 (i)
98-14 Is it unethical for a lawyer in a divorce case to advise a client that she may obtain a protective order pro se or to allow the client to appear pro se in the protective-order case, while the lawyer continues to represent the client in the divorce proceeding?

 1.1, 1.12 & 1.4
97-12 Utah Code Ann. § 62A-4a-403 obligates any person who suspects a child has been subjected to abuse to report such conduct to the nearest law enforcement officer. Is it a violation of the Rules of Professional Conduct if the attorney does not report a client's conduct that falls under this provision when the attorney learns of such conduct from the client and the client refuses to consent to such disclosure?

1.6(b)
96-11 May an attorney appointed to represent both the mother and father in an abuse/neglect proceeding continue to represent one of the parents after an actual or potential conflict between the two parents arises?

 1.7
95-06 When an attorney has reason to believe a person who is not a client has abused a child and the information upon which the belief is based derives from the attorney's representation of a client, may the attorney report the suspected abuse over the client's objection if the attorney believes that making such a report is required by law?

 1.6
95-08 May the same Utah guardian ad litem represent the interests of siblings?

 1.6, 1.7, 1.10
Opinions Issued Before Adoption of Utah Rules of Professional Conduct
116 Under what circumstances may an attorney represent both parties in a divorce?

 1.7
99 Is an attorney who serves as a part-time county attorney or part-time deputy county attorney ethically barred from appearing as counsel on behalf of a defendant in a civil action brought by the State of Utah to collect delinquent child support payments when the State is represented by the Attorney General's Office in the same action?

 1.7
53 The question presented is whether or not an attorney can ethically provide legal assistance for persons desiring to handle their own divorces. The attorney provides each client with a manual including instructions and all necessary steps, with appropriate forms. An individual seeking instruction is interviewed by the attorney and the manual forms are discussed as well as the necessary procedures. A determination is made by the attorney in the interview of whether or not a prose proceeding is appropriate, the Committee assumes that all contact ends at that point.

  

 

 


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