Ethics Advisory Opinions

(Approved May 20, 1993)

Issue: Under what circumstances may a lawyer who represents a private party contact the employees of a government agency if the private party is involved in litigation against the agency?

(Approved February 20, 1992)

Issue: Is a one-third contingency fee charged by an attorney unreasonable or excessive if the recovery includes personal injury protection ("PIP" or "no fault") payments from the client's insurer?

(Approved March 14, 1991)

Issue: May a lawyer, in representing individual members of an Indian tribe, communicate with the Tribal Council or with tribal officers in their official capacity concerning federal legislation that the lawyer has proposed on behalf of his clients, when the communication is made without the consent of the lawyer who represents the tribe and has proposed competing federal legislation on the same matters?

(Approved July 29, 1993)

Issue: Utah Ethics Advisory Opinion No. 45, issued in 1978, holds that an attorney may not represent a collection company in lawsuits to collect on assigned accounts if he owns stock in or has an interest in the company. Is Opinion No. 45 still valid in light of the relaxation of attorney advertising and solicitation restrictions since 1978?

Opinion: The conclusion of Opinion No. 45 is reversed. Subject to any legal constraints imposed by Utah Code Ann. § 78-51-27(1), it is not per se unethical for an attorney who has a financial interest in a collection agency to represent the agency in lawsuits to collect on assigned accounts.

(Approved February 25, 1993)

Issue: May an attorney give a "second opinion" on a legal matter, when approached by a non-client who is represented by counsel?

Opinion: Rule 4.2 of the Rules of Professional Conduct prohibits a lawyer, "[i]n representing a client," from "communicat[ing] about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter." A lawyer does not violate the letter or purposes of this rule by rendering a second opinion on a legal matter, when the lawyer is not "representing a client" on the same subject. However, the lawyer should make every effort neither to impair the first attorney-client relationship nor to use the consultation as a means of soliciting the represented party.