« December 1992 | Main | June 1994 »

December 1993 Archives

December 16, 1993

EAOC 115 - 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 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?

Continue reading "EAOC 115 - 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?" »

EAOC 114 - 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 clients insurer?

(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?

Continue reading "EAOC 114 - 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 clients insurer?" »

EAOC 113 - 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?

(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?

Continue reading "EAOC 113 - 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?" »

EAOC 111 - May an attorney represent a collection company in lawsuits to collect on assigned accounts if he owns stock in or has an interest in the company?

(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.

Continue reading "EAOC 111 - May an attorney represent a collection company in lawsuits to collect on assigned accounts if he owns stock in or has an interest in the company? " »

EAOC 110 - May an attorney give a "second opinion" on a legal matter, when approached by a non-client who is represented by counsel?

(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.

Continue reading "EAOC 110 - May an attorney give a "second opinion" on a legal matter, when approached by a non-client who is represented by counsel?" »

Loading

About December 1993

This page contains all entries posted to Ethics Advisory Opinions in December 1993. They are listed from oldest to newest.

December 1992 is the previous archive.

June 1994 is the next archive.

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

The Utah State Bar presents this web site as a service to our members and to the public. Information presented in this site is NOT legal advice. Please review the Terms of Use for more policy, disclaimer & liability information - ©Utah State Bar email: info@utahbar.org