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October 1987 Archives

October 23, 1987

EAOC 090 - Is it unethical for an attorney to surreptitiously record by electronic or mechanical means communications with clients, witnesses, or other attorneys?

Approved: May 1987
[Affirmed by Opinion No. 96-04]

Note: The following original Opinion No. 90 was reversed by the Board of Bar Commissioners on Sept. 23, 1988. This reversal was affirmed by Opinion No. 96-04.

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October 21, 1987

EAOC 081 - An attorney may not be employed as county attorney and as city attorney within the county boundaries, except for prosecutorial functions. [Overruled in part by Opinion No. 98-02.]


Approved: February 20, 1987
[Overruled in part by Opinion No. 98-02]

SUMMARY:

An attorney may not ethically be employed both as a County Attorney and as a City Attorney for a municipality within the same county boundaries. However, an attorney may ethically perform the prosecutorial function for both a county and a municipality within the same county boundaries.

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October 20, 1987

EAOC 079 - An attorney's role in disciplinary proceedings

Approved: February 20, 1987

Issue:

Is an attorney who represents a complainant in a disciplinary proceeding before the Ethics and Discipline Committee of the Utah State Bar under an ethical obligation of confidentiality with respect to the allegations contained in the complaint and the contents of the Notice of Disposition issued in the matter.

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October 15, 1987

EAOC 078 - Questions concerning a lawyer's responsibility toward an absent client

Approved: October 2, 1987

A number of questions have arisen concerning a lawyer's responsibility toward an absent client. These questions generally arise when the attorney accepts employment and embarks upon the performance of the legal service the client has requested, but is subsequently unable to locate the client to inform him of matters upon which he needs his consent and direction. What is the lawyer to do when (A) he is unable to obtain the absent client's approval of a settlement offer, or (B) to continue the pending litigation of the absent client's claim. Such a situation might arise, for example, where the client has moved from the community and possibly have abandoned his claim without informing his attorney. This is not the only situation that might give rise to absent-client problems. The absent-client problem involves a tension between the lawyer's obligation to diligently represent the client and achieve desired results, and the lawyer's obligation to communicate with the client and allow the client to direct the objectives of the representation.

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About October 1987

This page contains all entries posted to Ethics Advisory Opinions in October 1987. They are listed from oldest to newest.

May 1986 is the previous archive.

December 1989 is the next archive.

Many more can be found on the main index page or by looking through the archives.

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