UTAH SUPREME COURT SEEKS COMMENTS ON RULE AMENDMENTS
The Utah Supreme Court invites comments to the following proposed rule amendments. The comment period expires August 1, 2020.
Rules of Professional Conduct
RPC06.05. Short-term Limited Legal Services. AMEND. Broadens the term “short-term legal services” to include one-time consultations and representations through government- and law school-sponsored programs. Further provides that other lawyers in a firm are not disqualified from representing clients whose interests are adverse to a client who received short-term limited legal services from a lawyer in the firm if (1) the lawyer who provided the services is timely screened from the adverse clients’ matters, and (2) receives no fees from those matters.
Maintaining the Integrity of the Profession
RPC08.04. Misconduct. AMEND. Provides that it is professional misconduct for a lawyer to engage in conduct that is an unlawful, discriminatory, or retaliatory employment practice under Title VII of the Civil Rights Act of 1964 or the Utah Antidiscrimination Act. “Employer” means any person or entity that employs one or more persons. The amendments also provide that it is professional misconduct for a lawyer to egregiously violate, or engage in a pattern of repeated violations, of the Standards of Professionalism and Civility if such violations harm the lawyer’s client or another lawyer’s client or are prejudicial to the administration of justice.
Rules Governing the Utah State Bar
Standards of Professionalism and Civility
USB14-0301. Standards of Professionalism and Civility. AMEND. Rule 8.4(h) makes the provisions of this rule mandatory for all lawyers. Amendments further provide that lawyers shall avoid hostile, demeaning, humiliating, or discriminatory conduct in law-related activities. Law-related activities include, but are not limited to, settlement negotiations; depositions; mediations; court appearances; CLE’s; events sponsored by the Bar, Bar sections, or Bar associations; and firm parties. Discriminatory conduct includes all discrimination against protected classes as those classes are enumerated in the Utah Antidiscrimination Act of 1965, Utah Code section 34A-5-106(1)(a), and federal statutes, as amended from time to time.
How to View Redline Text of the Proposed Amendment
To see the proposed rule amendments and submit comments, click on this link: https://www.utcourts.gov/utc/rules-comment/, then click on the rule number.
How to Submit Comments
You can comment and view the comments of others by clicking on the “CONTINUE READING” link associated with each body of rules. After clicking on the “CONTINUE READING” link, you will be asked for your name and your email address. The comment website is public but your email address will not be published. Each comment must be approved by the site administrator before it will show on the public website. Although all comments will be considered, they will not be acknowledged with a response. If you have any questions, please contact the committee staff person. The list of committees and staff persons may be found at: https://www.utcourts.gov/committees/.