CANONS OF ETHICS
for
LEGAL ASSISTANTS

As a general guide intended to aid legal assistants and attorneys, the Legal Assistant Division and the Board of Bar Commissioners has approved the following canons of ethics for legal assistants:

Canon 1 - A legal assistant shall not perform any of the duties that attorneys only may perform nor take any actions that attorneys may not take.

Canon 2 - A legal assistant shall not:

a) establish an attorney-client relationship;

b) establish the amount of a fee to be charged for legal services;

c) give legal opinions or advice;

d) represent a client before a court or agency unless so authorized by that court or agency;

e) engage in, encourage, or contribute to any act which would constitute the unauthorized practice of law; and

f) engage in any conduct or take any action, which would assist or involve the attorney in a violation of professional ethics or give the appearance of professional impropriety.

Canon 3 - A legal assistant may perform any task which is properly delegated and supervised by an attorney provided the attorney maintains responsibility for the work product, maintains a direct relationship with the client, and maintains responsibility to the client.

Canon 4 - A legal assistant shall take reasonable measures to ensure that his or her status as a legal assistant is established at the outset of any professional relationship with a client, court or administrative agency, a member of the general public or other lawyers.

Canon 5 - A legal assistant shall ensure that all client confidences are preserved.

Canon 6 - A legal assistant shall take reasonable measures to prevent conflict of interest resulting from his or her employment affiliates, or outside interests.

Canon 7 - A legal assistant must strive to maintain integrity and a high degree of competency through education and training with respect to professional responsibility, local rules and practice, and through continuing education in substantive areas of law to better assist the legal profession in fulfilling its duty to provide legal services.

Canon 8 - A legal assistant shall abide by all court rules, agency rules and statutes, as well as the Utah State Bar's Rules of Professional Conduct.

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