Ethics Advisory Opinions

(Approved May 20, 1993)

Issue: May a Utah lawyer include on his letterhead the name of a non-lawyer employee with an indication that he is a certified public accountant (CPA)?

Opinion: An employee non-lawyer, such as a CPA, may be listed on the letterhead of a solo practitioner, partnership or firm so long as the designation is not false or misleading and contains a clear indication of the non-lawyer's status.1

(Approved March 11, 1993)

Issues: The U.S. Supreme Court found that, in Nevada, a portion of Rule 3.6 of the Rules of Professional Conduct concerning trial publicity is void for vagueness. Does this result have any effect on the viability of Utah's Rule of Professional Conduct 4.4, which proscribes certain lawyer communications and actions with respect to third persons?

(Approved April 28, 1994)

Issues: May a lawyer make in-person solicitations of persons to join the lawyer in forming a citizens' group that will be the nominal plaintiff in litigation, if the members of the citizens' group will be requested to contribute funds for the payment of legal fees and the lawyer intends to serve as legal counsel for the citizens' group in the litigation?

(Approved January 27, 1994)

Issue: Under what circumstances may a city attorney represent criminal defendants?

Opinion: A city attorney with prosecutorial functions may not represent a criminal defense client in any jurisdiction. A city attorney with no prosecutorial functions, who has been appointed as city attorney pursuant to statute, may not represent a criminal defense client in that city, but may represent a criminal defense client in other jurisdictions, provided that Rule 1.7(a) of the Utah Rules of Professional Conduct is satisfied. An attorney with no prosecutorial functions, who is retained by a city on a contract or retainer basis, may represent a criminal defense client in any jurisdiction, provided that Rule 1.7(a) is satisfied. An attorney who is a partner or associate of a city attorney may not represent a criminal defense client in any situation where the city attorney is so prohibited.

(Approved January 27, 1994)

Issue: Under what circumstances may a city attorney represent criminal defendants?

Opinion: A city attorney with prosecutorial functions may not represent a criminal defense client in any jurisdiction. A city attorney with no prosecutorial functions, who has been appointed as city attorney pursuant to statute, may not represent a criminal defense client in that city, but may represent a criminal defense client in other jurisdictions, provided that Rule 1.7(a) of the Utah Rules of Professional Conduct is satisfied. An attorney with no prosecutorial functions, who is retained by a city on a contract or retainer basis, may represent a criminal defense client in any jurisdiction, provided that Rule 1.7(a) is satisfied. An attorney who is a partner or associate of a city attorney may not represent a criminal defense client in any situation where the city attorney is so prohibited.

(Approved October 28, 1994)

Issue: May an elected county attorney share and rent office space to another attorney who may represent interests adverse to the county?

Opinion: The Utah Rules of Professional Conduct do not prohibit one attorney from renting office space to another, provided that the arrangement does not create a conflict of interest prohibited by the Rules, does not jeopardize confidential client information, does not mislead clients about the relationship between the attorneys, and is otherwise consistent with the Rules.

(Approved August 26, 1993)

Issue: May a lawyer pay another lawyer a fee for referring a case?

Opinion: A lawyer may not pay referral fees to another lawyer, unless the referral arrangement meets the standards of Rule 1.5(e) for dividing fees and is otherwise consistent with the Utah Rules of Professional Conduct.

(Approved August 20, 1992)

Issue: 1 Is Utah Rule of Professional Conduct 1.13(a) intended to eliminate the historic distinction (previously stated in DR-9-102(a)) between payments advanced by a client for professional legal fees and payments advanced by a client for costs?

(Approved June 25, 1992)

Issue: Under what circumstances may an attorney represent both parties in a divorce?

Opinion: An attorney may not concurrently represent both parties in a divorce under any circumstances.