Guidance on Ethics Questions From Utah Lawyers
Ethics Opinion Archive of the Utah State Bar
2020 | ||
OPINION | DATE ISSUED | Issue(s) |
2020-02 | May 19, 2020 | What ethical duties apply to prosecutors and defense lawyers when dealing with victims in domestic violence criminal cases? |
2020-01 | May 19, 2020 | May a lawyer permissibly renegotiate the terms of a flat fee agreement if, after commencing the representation, the circumstances, scope or complexity of the matter becomes materially different and greater from what the lawyer unilaterally contemplated at the commencement of the representation? |
2019 | ||
OPINION | DATE ISSUED | Issue(s) |
2019-04 | October 4, 2019 | When does a representation of appointed criminal defense counsel end for purposes of Rule 4.2’s prohibition on a lawyer speaking with a represented party about the subject of the representation? |
2019-03 | May 14, 2019 | If an individual licensed as an active attorney in another state and in good standing in that state establishes a home in Utah and practices law for clients from the state where the attorney is licensed, neither soliciting Utah clients nor establishing a public office in Utah, does the attorney violate the ethical prohibition against the unauthorized practice of law? |
2019-02 | March 8, 2019 | Is it permissible for a private lawyer to represent a client against a government department or agency and simultaneously represent a different department or agency of the same government in an unrelated matter? |
2019-01 | March 8, 2019 | Is it permissible for a firm to charge the cost of a litigation insurance policy to the client if the firm recovers funds for the client, through a settlement or positive trial verdict, and the client’s liability for payment of costs is contingent on a recovery? |
2018 | ||
OPINION | DATE ISSUED | Issue(s) |
2018-05 | November 29, 2018 | To whom are the duties of professional conduct owed?
May a Registered Investment Advisory (“RIA”) firm hire an attorney to provide estate planning services for the clients of the RIA? May the RIA pay the attorney’s fees out of the amounts that they collect as advisory fees for their clients so that the clients will not be charged extra if they use the lawyer’s estate planning services, nor less if they do not? May the RIA pay the attorney higher fees when the attorney has brought the client to the RIA firm? |
2018-04 | September 11, 2018 | Is it permissible for an attorney to include an indemnification provision in a retainer agreement at the commencement of representation that requires the client to indemnify the attorney and related entities against third party claims that arise from the client’s behavior or negligence? 2. Is it permissible, in response to a malpractice claim brought after the conclusion of the representation, for the attorney to use such an indemnification provision to hold a client responsible for the attorney’s malpractice insurance deductible if the client does not prevail on the malpractice claim against the attorney? |
2018-03 | June 12, 2018 | Is there a conflict of interest if a member of a law firm assumes the representation of a party on appeal in a case where another member of the firm testified as an expert witness on behalf of the opposing party? The issue as presented assumes that the testifying attorney did not have an attorney-client relationship with the party that engaged the attorney to testify. |
2018-01 | June 11, 2018 | May a firm name continue to include the name of a founding partner who is: (1) an elected legislator in the part-time state legislature; and (2) engages in very little legal work but has not formally retired? |
2018-02 | January 8, 2018 | What are the Utah attorney’s duties under the Utah Rules of Professional Conduct when the attorney is retained by a law firm to act as a consulting lawyer on a specific subject matter area? It is anticipated that the consulted lawyer will not have any direct contact with the consulting firm’s client, and that the consultation will be hypothetical in nature. |
2017 | ||
OPINION | DATE ISSUED | Issue(s) |
2017 -01 | April 3, 2017 | “May a lawyer contribute to an entity that engages in advocacy concerning the retention of a Utah judge? If so, must the entity comply with the Utah Rules of Professional Conduct?” |
2017 -02 | April 24, 2017 | Is a lawyer required to report to the Bar a fellow lawyer who orally articulates an anticipated violation of the Rules of Professional Conduct |
2017 -03 | May 9, 2017 | Is it ethical for a criminal defense attorney who suspects his client is not competent to allow that client to enter a guilty plea without first filing for a competency evaluation What are the defense attorney’s ethical obligations toward a client of questionable competence |
2017 -04 | September 26, 2017 | When a Utah attorney acts as local counsel, what are the Utah attorney’s duties under the Utah Rules of Professional Conduct where the lead attorney is not licensed in Utah and is admitted pro hac vice, and the client and/or the pro hac vice attorney want local counsel to do as little as possible so that the client incurs the minimum amount of fees for local counsel’s work? |
2017 -05 | September 27, 2017 | What are the ethical implications of a referral service with the following features: 1. Potential clients contract with the service to receive specific legal services at fixed rates. 2. The potential client then selects a lawyer from a list of lawyers who have contracted with the service. The lawyer can then review the case and decide whether to accept it. 3. If the lawyer accepts the case, the service, which has been given access to the lawyer’s operating and trust accounts, deposits the client’s fixed fee into the lawyer’s trust account and withdraws an agreed-upon referral fee, which varies based on the type of service the potential client has requested, from the lawyer’s operating account |
2017 -06 | September 27, 2017 | This opinion request involves several issues in the practice of consumer Chapter Seven (liquidation) bankruptcies. These issues include: a. Is a lawyer’s advertisement of a “$99” or “Zero Down” for a consumer Chapter Seven liquidation bankruptcy misleading under Rule 7.1? Is it misleading to advertise that this price is good for a limited time or that a promotion with this price was extended? b. What are the ethical constraints when requesting the client to sign a post-petition attorney fee contract which will not be discharged? c. What disclosure must be made, if the lawyer intends to sell the rights to collect the post-petition attorney fee contract to a litigation financing company? Does a relationship with the buyer of the attorney fee contract create a conflict of interest under Rule 1.7? d. Are the attorney fees reflected in the post-petition contract reasonable when the attorney sells her rights to those fees at a deep discount under Rule 1.5? |
2017 -07 | September 10, 2017 | May an active member of the Utah State Bar act as a licensed real estate agent independently of the practice of law? If so, do the Utah Rules of Professional Conduct apply to non-legal services and what issues exist if the attorney agent is required to share fees with the non-attorney broker with whom the real estate agent is associated? |
2016 | ||
OPINION | DATE ISSUED | |
2016 -01 | February 8, 2016 | May Wife re-hire Lawyer A at Law Firm C to represent Wife against Husband on various post-decree enforcement issues? |
2016 -02 | March 24, 2016 | What are the ethical constraints on lawyers settling potential legal malpractice claims or bar complaints with clients? |
2016 -03 | September 13, 2016 | When a client asks a lawyer to modify a fee arrangement, what Utah Rules of Professional Conduct (“URPC”) apply? |
2015 | ||
OPINION | DATE ISSUED | |
2015 – 01-01 | January 13, 2015 | The Utah Board of Pardons and Parole (the “Board”) and a private attorney have jointly requested the Ethics Advisory Opinion Committee issue an opinion on what constitutes a “matter” as discussed in Utah Rules of Professional Conduct 1.11(a)(2) and 1.12(a). Specifically, in light of the nature of Board proceedings, do all decisions involving an individual offender constitute the same “matter” for purposes of Rule 1.11(a)(2) and 1.12(a)?What are the limitations on a former member of the Board or hearing officer in representing offenders before the Board? |
2015 -01-02 | January 13, 2015 | The Utah Board of Pardons and Parole (the “Board”) and a private attorney have jointly requested the Ethics Advisory Opinion Committee issue an opinion on what constitutes a “matter” as discussed in Utah Rules of Professional Conduct 1.11(a)(2) and 1.12(a). Specifically, in light of the nature of Board proceedings, do all decisions involving an individual offender constitute the same “matter” for purposes of Rule 1.11(a)(2) and 1.12(a)?What are the limitations on a former member of the Board or hearing officer in representing offenders before the Board? |
2015 -03 | February 10, 2015 | Does an attorney breach a duty of confidentiality to a “client” by sending information about the client’s actions and their contact information to law enforcement if they appear to be using the attorney/ client relationship to commit a money fraud upon the attorney which could cause substantial injury to the attorney’s financial interests? |
2015 -04 | September 30, 2015 | When may a lawyer directly contact a. former employee who had been within the control group of an adverse party such as a corporation? |
2015 -05 | October 6, 2015 | May an attorney pay an internet service company a nominal fee to bid on potential legal work? May an attorney seek clients through an internet business that provides the attorney with limited client information in order to permit the attorney to bid to provide the needed legal services? |
2014 | ||
OPINION | DATE ISSUED | |
2014 -01 | January 15, 2014 | Under what conditions is it appropriate for a personal injury lawyer to “outsource the calculation, verification and resolution of alleged health insurance liens and subrogation/reimbursement claims” and pass the outsourced resolution fee to the client as a “cost.” There are two questions posed to the committee. First, can the lawyer appropriately outsource the lien resolution? Second, is the treatment of the lien resolution fee appropriately treated a “cost” to the client? |
2014 -02 | January 14, 2014 | Is an Agreement between a non-lawyer Marketer and a Law Firm where the Marketer conducts telephone marketing to solicit and refer clients to Law Firm in violation of the Rules of Professional Conduct where the payment to the Marketer matches a percentage of the fees paid to the Law Firm by the clients referred to the Law Firm by the Marketer? If the Agreement is in violation of the Rules of Professional Conduct must the Attorney retained by Marketer to enforce the Agreement inform the appropriate professional authority pursuant to Rule 8.3(a)? |
2014 -03 | April 22, 2014 | Do the Utah Rules of Professional Conduct prohibit referral agreements between two attorneys that require one of the attorneys (the l”Referring Attorney”) to refer to the other (the “Receiving Attorney”) all clients that have a certain specified type of products liability claim? |
2014 -04 | November 12, 2014 | Under what conditions is it appropriate for a personal injury lawyer to “outsource the calculation, verification and resolution of alleged health insurance liens and subrogation/reimbursement claims” and pass the outsourced resolution fee to the client as a “cost.” There are two questions posed to the committee. First, can the lawyer appropriately outsource the lien resolution? Second, is the treatment of the lien resolution fee appropriately treated a “cost” to the client? |
2014 -05 | December 22, 2014 | When an Attorney (A) is representing another Lawyer (L) in a legal malpractice or disciplinary action, and Lawyer L undertakes to represent a client in a matter adverse to a client of Attorney A, what are the ethical considerations? |
2013 | ||
OPINION | DATE ISSUED | |
2013 – 01 | April 9, 2013 | When a lawsuit or claim is filed against a government entity, the attorney’s office of that entity sends all relevant employees an e-mail including a litigation hold notice and certain questions regarding the location of documents possibly relevant to the pending claim. If the claim has been brought by an employee, such as an employment discrimination claim, the complaining employee would also receive the e-mail. In this situation, does the attorney’s office sending this e-mail to all relevant employees, including a represented plaintiff or complaining employee, constitute a violation of Utah Rule of Professional Conduct 4.2? |
2013 – 02 | April 9, 2013 | The requesting attorney seeks an opinion on several related matters, which the Committee has combined into three general areas of inquiry: (i) may an attorney pay a non-lawyer, directly or indirectly, for a referral; (ii) may an attorney enter into a joint marketing and/or cross-referral arrangement with a non-attorney; and (iii) may an attorney acquire an ownership or equity interest in, or making a loan to, a business, with the expectation of receiving referrals from the business. |
2013 – 03 | September 11, 2013 | Whether a lawyer violates her duty to diligently represent a client who wishes to appeal a juvenile court’s order, but refuses to sign the Notice of Appeal (which will be dismissed without appellant’s signature pursuant to statute) due to her diminished capacity. |
2013 – 04 | September 30, 2013 | The question before the Committee concerns federal criminal law practice in the District of Utah. Although it may have general application, this Opinion is confined to that arena. The question is whether it is ethical under the Utah Rules of Professional Conduct for a criminal defense attorney (hereafter “the attorney”) to advise a client/defendant (hereafter “the client”) to negotiate and enter into a plea agreement whereby the client, as an integral part of his plea of guilty, waives all post-conviction claims the client may have, including claims of ineffective assistance of the attorney, except for claims of ineffective assistance of counsel based upon negotiating or entering in to the plea or waiver. |
2013 – 05 | September 10, 2013 | To what extent may an attorney participate in an “on-site” fee/ retainer funding program to obtain and finance attorney retainer or litigation funds? |
2012 | ||
OPINION | DATE ISSUED | |
2012 -01 | January 10, 2012 | Three related questions are before the Committee. The attorney states that she separately represented a woman and a man (the “wife” and “husband,” respectively), both prior to their marriage. She subsequently represented both parties after they were married. The parties subsequently went to trial seeking a divorce (the “divorce”). The first question is whether representation of the wife, prior to the marriage of the parties, in litigation (the “separate action”) constitutes a conflict which would preclude the attorney from representing the husband on appeal in the divorce? Second, does the fact that the attorney testified at the divorce trial as a percipient witness, preclude her from representing the husband on appeal. Third, does representation of the wife in litigation involving both husband and wife against a third party during the course of their marriage (the “joint litigation”), wherein, notwithstanding the attorney’s vigorous but unsuccessful advocacy of the wife’s position, the wife was dismissed from the case, preclude the attorney from representing the husband on appeal in the divorce, particularly where the attorney now believes the trial court was correct in dismissing the wife from the joint litigation? |
2012 -02 | May 1, 2012 | What are the ethical and practical considerations applicable to attorneys representing clients in the state of Utah under flat-fee or fixed-fee agreements (hereinafter referred to as flat-fee agreements)? |
2012 -03 | December 13, 2012 | May a community association management company profit from legal work performed by the company-s in-house attorney? |
2011 | ||
OPINION | DATE ISSUED | |
2011 -01 | August 24, 2011 | Two interrelated issues are before the Committee: First, may an attorney representing a plaintiff in a personal injury action indemnify and hold harmless a party being released from any medical expenses and/or liens which might remain unpaid after the settlement funds are fully disbursed? Second, in a personal injury action, may an attorney request another attorney to indemnify and hold harmless a party being released from any medical expenses and/or liens which might remain unpaid after the settlement funds are fully disbursed? |
2011 -02 | November 8, 2011 | If an indigent litigation client asks his attorney for a financial gift, is the attorney permitted to provide that charitable gift or do the Utah Rules of Professional Conduct prohibit doing so? |
2011 -03 | November 15, 2011 | Is it a violation of the Utah Rules of Professional Conduct for an attorney to ask a law student to undertake research using the law student’s free account and in breach of the student’s contract with Lexis and/or Westlaw? |
2010 | ||
No opinions were issued in 2010 | ||
2009 | ||
OPINION | DATE ISSUED | |
2009 -01 | February 23, 2009 | What are the ethical limits for the use of testimonials, dramatizations or fictionalized representations in lawyers’ advertising on television or web sites? |
2009 -02 | August 11, 2009 | The five issues addressed in this Opinion are based upon the following general scenario: A lawyer represents many homeowner’s associations (both condominium and PUD) in various matters, at various times. Many of these associations are nonprofit corporations and others are common law associations. They are all operated through elected volunteer owner representatives who are organized into boards of directors (although they sometimes use diferent names for the representatives such as the management committee or board of trustees). Many of these boards hire professional managers, as they lack the experience, skils, and time to properly manage the associations. Some associations that the lawyer represents were referred through managers of the associations. Some of these managers work for management companies that manage many associations, thus providing an incentive for the lawyer to develop a good relationship with the manager to hopefully facilitate future referrals of other associations that the manager manages. It is also important for the lawyer to maintain a reasonably good relationship with the manager related to the lawyer’s clients managed by that manager, because it is common in the industry for the manager to act as the point of contact with the attorney on legal matters involving an association. The lawyer does not represent or work directly for the manager or management companies. |
2008 | ||
OPINION | DATE ISSUED | |
2008 -01 | April 8, 2008 | May an attorney provide legal assistance to litigants appearing before a tribunal pro se and prepare written submissions for them without disclosing the nature or extent of such assistance? If so, what are the attorney’s obligations when full representation is not undertaken? |
2008 -01 Dissent | April 8, 2008 | Dissents from a Utah Ethics Advisory Opinion are understandably rare because of the harmonious working relationship among Ethics Committee members and the shared objective: to provide well-researched and analyzed ethics opinions upon which Utah State Bar members can hopefully rely. It is, therefore, with some trepidation that I dissent from the main opinion. In my view, the main opinion is logically inconsistent with a Tenth Circuit decision that binds Utah lawyers in federal court; incompatible with judicial and ethics opinions in other jurisdictions; and potentially harmful to what I think should be the overriding ideal of all ethics opinions – to ensure justice for clients. |
2008 -02 | March 11, 2008 | Under what circumstances may an attorney who has represented a party in conjunction with a proceeding to appoint a guardian for an adult incapacitated person represent the guardian that is subsequently appointed as a result of that proceeding? |
2007 | ||
OPINION | DATE ISSUED | |
2007 -01 | March 9, 2007 | May a lawyer purchase the exclusive right to referrals generated from the membership base of an organization whose members from time to time may have need of the legal services offered by that lawyer? |
2007 -02 | June 10, 2007 | If an attorney guardian ad litem is appointed by a court for a person, may another attorney communicate with the person about the subject of the representation without the prior consent of the attorney guardian ad litem? |
2006 | ||
OPINION | DATE ISSUED | |
2006 -01 | June 2, 2006 | |
2006 -02 | June 2, 2006 | Is an unexecuted trust or will or an unfiled extraordinary writ prepared by a lawyer for a client part of the “client’s file” within the meaning of Rule 1.16 which must be delivered to the client at the termination of the representation. |
2006 -03 | December 8, 2006 | Under what circumstances may a Utah lawyer be personally involved in a lending transaction to finance a client’s cause of action or obtain funds for the payment of the lawyer’s legal fees and expenses? |
2006 -04 | December 8, 2006 | May a current or former client’s access to information in his client file in a criminal matter be restricted by his attorney? |
2006 -05 | December 30, 2006 | Do the Utah Rules of Professional Conduct1 preclude a lawyer from participating in an ad hoc legal advisory group to a private, nonprofit, public interest legal organization, if the persons served by the legal services organization have interests adverse to the interests of a client of the lawyer or the lawyer’s law firm? |
2005 | ||
OPINION | DATE ISSUED | |
2005 -01 | April 28, 2005 | A former client of an attorney moved the trial court to set aside the former client’s previous guilty plea on the basis that the attorney’s prior advice on accepting the prosecution’s plea offer had “confused” him. May the attorney testify concerning the previous discussions with the former client to prevent a possible fraud upon the court or to protect the attorney’s good name and reputation? |
2005 -02 | April 28, 2005 | What is the ethical responsibility of an attorney serving as defense counsel in a criminal case, when expressly requested by the court at a sentencing hearing for information obtained from or about the defendant regarding the defendant’s prior convictions? |
2005 -03 | May 6, 2005 | May a lawyer who serves as a domestic relations mediator, following a successful mediation, draft the settlement agreement and necessary court pleadings to obtain a divorce for the parties? |
2005 -04 | September 8, 2005 | What are the responsibilities of an attorney to a person the attorney has interviewed as a prospective client after it has been determined that the attorney will not undertake the representation? |
2004 | ||
OPINION | DATE ISSUED | |
2004 -01 | March 29, 2004 | What action, if any, may a lawyer for an employer ethically undertake on behalf of a vanished former employee who, along with the employer, has been named as a defendant in an action arising when the person was an employee? |
2004 -01 Amend | December 2, 2004 | What action, if any, may a lawyer for an employer ethically undertake on behalf of a vanished former employee who, along with the employer, has been named as a defendant in an action arising when the person was an employee? |
2004 -02 | April 19, 2004 | May a plaintiff’s lawyer continue to represent the plaintiff in a legal malpractice action when opposing counsel has announced an intention to call plaintiff’s lawyer as a witness? |
2004 -04 | April 19, 2004 | In litigation to enforce an oral contract allegedly made by a corporate defendant’s former employee on behalf of the corporation, where the former employee was not a member of the control group, may the plaintiff’s attorney contact the ex-employee without the consent of the corporate defendant’s attorney? |
2004 -05 | December 2, 2004 | Do the Utah Rules of Professional Conduct preclude a lawyer from forming a cooperative organization that offers certain non-legal, but law-related, services such as trust administration and investment management; referring clients to that organization; and participating in the organization’s profit sharing? |
2004 -06 | December 2, 2004 | Under what circumstances is it permissible for corporate counsel to assert that counsel concurrently represents present and former corporate employees whose testimony is relevant to a claim and ethically preclude opposing counsel’s access to those corporate employee witnesses? |
2003 | ||
OPINION | DATE ISSUED | |
2003 -01 | January 30, 2003 | May a Utah Assistant Attorney General serve as a hearing officer or other adjudicator for a Utah government agency on a matter for which the Office of Attorney General, which employs the attorney, may eventually undertake an advocacy role? |
2003 -02 | April 23, 2003 | What are the ethical responsibilities of a plaintiff’s lawyer who reasonably believes a health-care provider that he deals with on a recurring basis may be charging his clients and prospective clients for services not actually rendered? |
2003 -03 | June 23, 2003 | Is it ethical for a lawyer to advertise to provide legal services in Social Security Administration hearings to claimants who have been denied benefits, where nonlawyers are used by the lawyer in providing these services? |
2004 -04 | October 14, 2003 | May a lawyer threaten to present criminal charges against an opposing party or witness during negotiations in a private civil matter? |
2002 | ||
OPINION | DATE ISSUED | |
2002 -01 | February 11, 2002 | Do the Utah Rules of Professional Conduct preclude a Utah lawyer from financing litigation costs through a loan from a third-party lending institution, if (a) the lawyer is obligated to repay the loan and (b) the client, by separate agreement with the lawyer, is obligated to reimburse the lawyer for such costs? |
2002 -02 | February 11, 2002 | To what extent does the recent amendment to Utah Rules of Professional Conduct 7.3(c) affect a lawyer’s or law firm’s newsletters and “alerts” to clients and prospective clients, brochures provided at public seminars, promotional items provided at seminars and other events, and web-site information? |
2002 -03 | February 27, 2002 | What are the ethical obligations of an insurance defense lawyer with respect to insurance company guidelines and flat-fee arrangements? |
2002 -04 | March 15, 2002 | May a lawyer, who is also a certified public accountant employed by an accounting firm, contemporaneously conduct from an office at the accounting firm public accounting services as an employee of the accounting firm and a law practice independent from the accounting firm without violating the Utah Rules of Professional Conduct? |
2002 -05 | March 18, 2002 | What are the ethical considerations for a governmental lawyer who participates in a lawful covert governmental operation, such as a law enforcement investigation of suspected illegal activity or an intelligence gathering activity, when the covert operation entails conduct employing dishonesty, fraud, misrepresentation or deceit? |
2002 -06 | June 12, 2002 | May an attorney represent a client in a criminal matter where the attorney will have to cross-examine as an adverse witness a former client whom the attorney previously represented in an unrelated matter? |
2002 -07 | September 13, 2002 | Under Rule 5.4 of the Utah Rules of Professional Responsibility, may a Utah lawyer (a) hire a paralegal, not otherwise associated with the lawyer or the lawyer’s firm, as an independent contractor, or (b) compensate an employee paralegal or other firm employee based on a percentage of the lawyer’s fees. |
2002 -08 | September 18, 2002 | An attorney filed a complaint with the Judicial Conduct Commission against a judge. The complaint was eventually dismissed for insufficient evidence with no finding of misconduct. May the attorney accept new cases as counsel and appear before that judge without advising the clients of the complaint and without giving them the option of the attorney filing a motion for recusal? |
2002 -09 | September 24, 2002 | Is it ethical for an attorney to enter into a contingency-fee agreement, under which all fees, expenses and costs of litigation are unconditionally assumed by the attorney? |
2002 -10 | December 18, 2002 | May a lawyer review pleadings prepared by a non-lawyer mediator for simple, uncontested divorces and advise the mediator on how to modify the pleadings for filing in court? |
2001 | ||
OPINION | DATE ISSUED | |
2001-01 | January 26, 2001 | 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? |
2001-02 | February 21, 2001 | Does a lawyer violate the Utah Rules of Professional Conduct if he agrees to discount his fees to a client until a referral fee initially charged to the client by a lawyer-referral service is reimbursed to the client? |
2001-03 | March 21, 2001 | What are the ethical considerations where a lawyer seeks to disqualify a judge from a case by associating a lawyer from the judge’s prior private law firm and intentionally creating a circumstance in which the judge may conclude that he must recuse himself from the case? |
2001-04 | May 10, 2001 | Is it ethical for lawyers to charge clients an annual fee for estate planning and asset-protection legal services based on a percentage of the value of the assets involved? |
2001-05 | July 13, 2001 | What are the ethical implications for a real estate broker who includes in his promotional material that he is also a lawyer? |
2001-06 AMEND | Issued June 12, 2002 | May a private practitioner who serves as a part-time county attorney represent private clients in connection with protective-order hearings? |
2001-07 | August 29, 2001 | Is it a violation of the ethical rules for an attorney or law firm to use trade names such as “Legal Center for the Wrongfully Accused” or “Legal Center for Victims of Domestic Violence” in selected court pleadings |
2000 | ||
OPINION | DATE ISSUED | |
2000 -01 | March 9, 2000 | What are the ethical obligations of a lawyer to protect client confidentiality in the use of Internet e-mail communications? |
2000 -02 | March 9, 2000 | May a Utah lawyer ethically state on her letterhead that she is “also admitted” in another state when she is on inactive status in that state? |
2000 -03 | March 9, 2000 | May a Utah lawyer who is also a real estate title officer ethically enter into a partnership with or form a small business corporation with a nonlawyer for the purpose of assisting clients in challenging their real estate taxes? |
2000 -04 | June 2, 2000 | What are a lawyer’s ethical duties to a third person who claims an interest in proceeds of a personal injury settlement or award received by the lawyer? |
2000 -05 | December 1, 2000 | Where a defendant is being represented by a lawyer appointed by defendant’s insurance carrier prior to the entry of any judgment against the defendant, would it be ethical for plaintiff’s lawyer to convey a settlement offer proposing that plaintiff take an assignment of any bad-faith claim that the defendant might have against the insurance carrier in exchange for plaintiff’s agreement not to execute against defendant for amounts exceeding the insurance policy limits? |
2000 -06 | September 29, 2000 | What are the ethical obligations of an attorney who, unaware his client will lie, hears the client commit perjury or otherwise materially mislead a tribunal? |
2000 -07 | June 2, 2000 | Do the Utah Rules of Professional Conduct prohibit a lawyer licensed to practice in Utah from participating in an association of lawyers that would use joint letterhead, with a disclaimer that the association “is an affiliation of independent attorneys-not a partnership?” |
1999 | ||
OPINION | DATE ISSUED | |
1999-01 | January 29, 1999 | What are an attorney’s ethical obligations when the attorney or his client has lawfully obtained an attorney-client communication between an opposing party and opposing counsel under conditions where the opposing party may not have intended to waive the attorney-client privilege? |
1999-02 | April 30, 1999 | Does a lawyer who negotiates or communicates with an opposing party’s legal assistant, secretary or other non-lawyer representative about substantive matters assist in the unauthorized practice of law under Utah Rule of Professional Conduct 5.5(b)? |
1999-03 | May 28, 1999 | May a defense lawyer make ex parte contact with plaintiff’s treating physician? |
1999-03R | October 29, 1999 | On May 28, 1999, the Utah State Bar Board of Bar Commissioners (the Commission) approved Utah Ethics Advisory Opinion No. 99-03, (fn1) which held that nothing in the Utah Rules of Professional Conduct prohibits a defense lawyer from making an ex parte contact with plaintiff’s treating physician in a personal-injury or medical-malpractice matter. |
1999-04 | June 30, 1999 | What are the ethical considerations that govern a lawyer who wishes to conduct legal seminars; provide legal information to groups of retirement-home residents; host open houses; set up information booths at trade shows; participate in Bar-sponsored question-and-answer programs; or make in-person contacts with prospective clients at the request of their friends or relatives? |
1999-05 | July 30, 1999 | What are the ethical implications of the Office of the Attorney General’s proposed investigation to determine whether any Utah criminal laws were violated by the Salt Lake City Bid Committee for the Olympic Winter Games in view of the Attorney General’s prior association with the Bid Committee? |
1999-06 | August 27, 1999 | As a part of a criminal plea bargain agreement in a DUI case, may either the prosecuting attorney or the defense lawyer seek the concurrence of the investigating police officer not to respond to a subpoena lawfully issued by the Utah Driver License Division in connection with the related driver-license revocation hearing, a state administrative proceeding? |
1999-07 | December 3, 1999 | May a lawyer refer a client to an investment advisor for investment and financial planning and take a referral fee from the commission paid by the client to the investment advisor? |
1998 | ||
OPINION | DATE ISSUED | |
1998-01 | January 23, 1998 | May an elected county attorney or other prosecutor who is allowed to engage in private practice continue to act as attorney in a civil matter in which the opposing party in the civil matter commits a crime or otherwise comes under suspicion as a potential criminal defendant in that county? Is it enough that the prosecutor refers any criminal matter involving the opposing litigant to another prosecutor, or must the attorney withdraw from both matters? |
1998-02 | April 17, 1998 | May an attorney represent both a county and a city that lies within the jurisdiction of the county as to civil matters? |
1998-03 | April 17, 1998 | May a lawyer hired by an insurance company to defend an insured in a lawsuit submit billing statements to an outside audit service? |
1998-04 | April 17, 1998 | May a private practitioner who has been appointed as special deputy county attorney to investigate and prosecute a single matter continue to represent criminal defendants in any jurisdiction in Utah? |
1998-05 | April 17, 1998 | Is it unethical for a defense attorney to offer a “full satisfaction” settlement, conditioned upon plaintiff’s waiving a claim for attorneys’ fees against a defendant? |
1998-06 | October 30, 1998 | Members of a county attorney’s office have requested an advisory opinion concerning conflicts between (1) attorney-client relationships between a county attorney and county officers and (2) statutory duties of a county attorney under Utah Code Ann. § 17-5-206 to institute suits to recover or restrain unlawful payments of county funds. |
1998-07 | August 7, 1998 | May the lawyer for the plaintiff in a personal-injury case directly contact the adjuster for defendant’s insurer without first obtaining the consent of the defendant’s attorney? |
1998-08 | September 11, 1998 | May a law firm wholly own an accounting-practice subsidiary that is staffed by employees other than the firm’s lawyers and would perform services for the lawyer’s clients and others? |
1998-09 | October 30, 1998 | Is the Office of the Guardian ad Litem sufficiently similar to the Attorney General’s Office to render it a “government agency” within the meaning of the Utah Rules of Professional Conduct, and if so, does Rule 1.10 concerning imputed disqualifications, apply to the Office of the Guardian ad Litem? Does Rule 1.11, “Successive Government and Private Employment,” apply to the Office of the Guardian ad Litem? |
1998-10 | October 2, 1998 | Is it ethical for an attorney to serve as member of the board of directors of a client corporation? |
1998-11 | October 30, 1998 | In a lawsuit against a Utah county, brought by the heirs of a decedent whose medical bills were paid (in part) by the State of Utah’s Medicaid program after the decedent had been in the county’s jail facility, what are the ethical considerations that govern a medical cost-recovery retainer agreement among the heirs, their attorney and the State’s Office of Recovery Services (ORS)? |
1998-12 | December 4, 1998 | When a lawyer becomes aware that another lawyer has illegally used or possessed controlled substances, under what circumstances must the first lawyer report such conduct to the Utah State Bar? |
1998-13 | December 4, 1998 | What are the ethical obligations and considerations that govern a law firm’s acceptance of a financial interest such as stock in a client company in return for performing legal services for that company? |
1998-14 | December 4, 1998 | 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? |
1998-15 | January 29, 1999 | May a lawyer, who identifies himself as a lawyer, write an article or letter to the editor for a non-legal publication on (a) a legal subject or (b) a non-legal subject? |
1997 | ||
OPINION | DATE ISSUED | |
1997-01 | January 24, 1997 | What is the ethical obligation of an attorney to a client or former client, when the attorney is unable to locate the client, and the attorney is holding trust funds on behalf of that client? |
1997-02 | January 24, 1997 | Is information provided by an accused to his attorney in an initial telephone conference confidential as against a request from law enforcement authorities for such information? |
1997-03 | April 25, 1997 | May an attorney engage in a direct solicitation, by mail and for pecuniary gain, that advertises mediation and arbitration services? |
1997-04 | April 25, 1997 | May a law firm furnish lists of clients’ names, addresses and telephone numbers to securities brokers, financial planners, insurance salesmen and other professionals, without receiving prior permission from the clients? |
1997-05 | April 25, 1997 | Is it ethical for an attorney to receive payment for legal services other than in money? |
1997-06 | May 30, 1997 | Under the Utah Rules of Professional Conduct, what are the ethical limitations that govern attorneys’ acceptance of clients’ credit cards to pay fees and costs? |
1997-07 | May 30, 1997 | Is a lawyer, acting as a trustee under the United States Bankruptcy Code, required to maintain bankruptcy estate trust funds in a financial institution that complies with check-overdraft reporting requirements described in Rule 1.15? |
1997-08 | November 1, 1996 | May an attorney represent a person who seeks to obtain payment under the terms of a client-solicitation agreement entered into with another attorney, where the agreement involved the payment of a “finder’s fee” to the person? |
1997-09 | July 28, 1997 | The Opinion is the result of a specific inquiry from a Utah attorney who has proposed to provide legal services as outlined in the Facts section in the body of the Opinion. The Opinion addresses the ethical considerations of a lawyer who plans to perform certain estate-planning legal services in conjunction with a non-lawyer estate-planning professional who is not employed or retained by the lawyer. In general, we find that the lawyer must perform an independent role as legal advisor to the client, assuring that the estate plan and associated documents are legally appropriate to accomplishing the client’s objectives |
1997-10 | October 24, 1997 | May a Utah attorney advertise services on a web page or engage in other electronic advertising on the Internet? |
1997-11 | December 5, 1997 | May an attorney finance the expected costs of a case by borrowing money from a non-lawyer pursuant to a non-recourse promissory note, where the note is secured by the attorney’s interest in his contingent fee in the case? |
1997-12 | January 23, 1998 | 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? |
1996 | ||
OPINION | DATE ISSUED | |
1996-01 | April 26, 1996 | |
1996-02 | April 26, 1996 | |
1996-03 | April 26, 1996 | |
1996-04 | July 3, 1996 | |
1996-05 | July 3, 1996 | |
1996-06 | July 3, 1996 | |
1996-07 | August 30, 1996 | |
1996-08 | November 1, 1996 | |
1996-09 | November 1, 1996 | |
1996-10 | December 6, 1996 | |
1996-11 | January 24, 1997 | |
1996-12 | January 24, 1997 | |
1996-14 | January 24, 1997 | |
1996-15 | April 26, 1996 | |
1995 | ||
OPINION | DATE ISSUED | |
1995-01 | January 27, 1995 | |
1995-02 | April 28, 1995 | |
1995-02A | January 26, 1996 | |
1995-03 | April 28, 1995 | |
1995-04 | April 28, 1995 | |
1995-05 | January 26, 1996 | |
1995-06 | July 28, 1995 | |
1995-07 | September 22, 1995 | |
1995-08 | April 26, 1996 | |
1994 | ||
OPINION | DATE ISSUED | |
1994-115R | July 29, 1994 | |
1994-125 | October 28, 1994 | |
1994-126 | January 27, 1994 | |
1994-127 | April 28, 1994 | |
1994-138 | January 27, 1994 | |
1994-139 | January 27, 1994 | |
1994-142 | March 10, 1994 | |
1994-145 | April 28, 1994 | |
1994-151 | October 28, 1994 | |
1993 | ||
OPINION | DATE ISSUED | |
1993-110 | February 25, 1993 | |
1993-111 | July 29, 1993 | |
1993-115 | May 20, 1993 | |
1993-121 | August 26, 1993 | |
1993-129 | March 11, 1993 | |
1993-131 | May 20, 1993 | |
1993-132 | August 26, 1993 | |
1993-135 | September 23, 1993 | |
1993-136 | July 29, 1993 | |
1992 | ||
OPINION | DATE ISSUED | |
1992-107 | February 15, 1992 | |
1992-114 | February 20, 1992 | |
1992-116 | June 25, 1992 | |
1992-118 | August 20, 1992 | |
1991 | ||
OPINION | DATE ISSUED | |
1991-113 | March 14, 1991 | |
1991 | ||
OPINION | DATE ISSUED | |
1990-100 | July 27, 1990 | |
1990 | ||
OPINION | DATE ISSUED | |
1989-91 | May 17, 1989 | |
1989-95 | October 27, 1989 | |
1989-98 | October 27, 1989 | |
1989-99 | October 27, 1989 | |
1987 | ||
OPINION | DATE ISSUED | |
1987-43 | March 10, 1978 | |
1987-78 | October 2, 1987 | |
1987-81 | February 20, 1987 | |
1987-90 | May 1, 1987 | |
1986 | ||
OPINION | DATE ISSUED | |
1986-75 | February 21, 1986 | |
1986-77 | January 20, 1986 | |
1985 | ||
OPINION | DATE ISSUED | |
1985-76 | April 11, 1985 | |
1981 | ||
OPINION | DATE ISSUED | |
1981-74 | February 13, 1981 | |
1980 | ||
OPINION | DATE ISSUED | |
1980-73 | February 11, 1980 | |
1979 | ||
OPINION | DATE ISSUED | |
1979-52 | April 12, 1979 | |
1979-53 | April 12, 1979 | |
1979-54 | April 12, 1979 | |
1979-55 | April 12, 1979 | |
1979-56 | April 12, 1979 | |
1979-57 | April 12, 1979 | |
1979-58 | April 12, 1979 | |
1979-59 | April 12, 1979 | |
1979-60 | April 12, 1979 | |
1979-61 | April 12, 1979 | |
1979-62 | April 12, 1979 | |
1979-63 | September 21, 1979 | |
1979-64 | September 21, 1979 | |
1979-65 | September 21, 1979 | |
1979-66 | September 21, 1979 | |
1979-67 | September 21, 1979 | |
1979-68 | November 16, 1979 | |
1979-69 | November 16, 1979 | |
1979-70 | November 16, 1979 | |
1979-71 | November 16, 1979 | |
1979-72 | November 16, 1979 | |
1978 | ||
OPINION | DATE ISSUED | |
1978-42 | January 12, 1978 | |
1978-43 | March 10, 1978 | |
1978-44 | March 10, 1978 | |
1978-45 | July 28, 1978 | |
1978-46 | July 28, 1978 | |
1978-47 | July 28, 1978 | |
1978-48 | July 28, 1978 | |
1978-49 | August 25, 1978 | |
1978-50 | August 25, 1978 | |
1978-51 | December 8, 1978 | |
1977 | ||
OPINION | DATE ISSUED | |
1977-35 | January 27, 1977 | |
1977-36 | August 29, 1977 | |
1977-37 | May 3, 1977 | |
1977-38 | August 29, 1977 | |
1977-39 | December 12, 1977 | |
1977-40 | December 22, 1977 | |
1977-41 | December 22, 1977 | |
1976 | ||
OPINION | DATE ISSUED | |
1976-24 | March 15, 1976 | |
1976-25 | May 11, 1976 | |
1976-26 | May 11, 1976 | |
1976-27 | August 16, 1976 | |
1976-28 | October 24, 1976 | |
1976-29 | October 24, 1976 | |
1976-30 | October 14, 1976 | |
1976-31 | December 10, 1976 | |
1976-32 | December 10, 1976 | |
1976-33 | December 30, 1976 | |
1976-34 | December 30, 1976 | |
1975 | ||
OPINION | DATE ISSUED | |
1975-21 | February 19, 1975 | |
1975-22 | June 18, 1975 | |
1975-23 | August 22, 1975 | |
1974 | ||
OPINION | DATE ISSUED | |
1974-18 | February 23, 1974 | |
1974-19 | April 12, 1974 | |
1974-20 | April 12, 1974 | |
1973 | ||
OPINION | DATE ISSUED | |
1973-11 | February 3, 1973 | |
1973-12 | August 15, 1973 | |
1973-13 | August 15, 1973 | |
1973-14 | October 12, 1973 | |
1973-15 | October 12, 1973 | |
1973-16 | October 12, 1973 | |
1973-17 | November 28, 1973 | |
1972 | ||
OPINION | DATE ISSUED | |
1972-5 | January 13, 1972 | |
1972-6 | January 13, 1972 | |
1972-7 | March 31, 1972 | |
1972-8 | April 21, 1972 | |
1972-9 | June 7, 1972 | |
1972-10 | July 7, 1972 | |
1971 | ||
OPINION | DATE ISSUED | |
1971-3 | December 1, 1971 | |
1971-4 | December 1, 1971 | |
1970 | ||
OPINION | DATE ISSUED | |
1970-2 | October 23, 1970 | |
1965 | ||
OPINION | DATE ISSUED | |
1965-1 | October 23, 1970 | |