Ethics Advisory Opinions

(Approved January 27, 1995)

Issue: Does the publication by a licensed attorney of a "How To" booklet on a legal subject matter violate the Rules of Professional Conduct?

Can the publishing lawyer limit his malpractice exposure by disclaimers placed in the booklet?

(Approved January 26,1996)

Issue: May a law partner of a part-time justice court judge represent criminal defendants in the judicial district in which the justice of the peace sits?

(Approved April 28, 1995)

Issue: Is a private attorney who is a part-time city prosecutor for a city on a contract basis precluded from representing a defendant in a civil contempt proceeding?

(Approved April 28, 1995)

Issue: May a lawyer or a law firm enter a franchise agreement with a firm that provides marketing and other service arrangements?

(Approved January 26, 1996)

Issue. What is the relationship between Rule of Professional Conduct 4.2 and a 1994 U.S. Department of Justice regulation purporting to authorize certain ex parte contacts with persons known to be represented by counsel?

Issue No. 2: Assuming that the Regulation does not constitute a "law" for purposes of Rule 4.2, under what conditions may a government lawyer make ex parte contact with persons known to be represented by counsel?

Issue No. 1: Is the definition of "represented party" in § 77.3(a) of the Regulation consistent with the definition of "party" in Rule 4.2 of the Utah Rules of Professional Conduct? In other words, does Rule 4.2 apply only to ex parte contacts with a party in an adversary proceeding.

Issue No. 2: Assuming that the Regulation does not constitute a "law" for purposes of Rule 4.2, under what conditions may a government lawyer make ex parte contact with persons known to be represented by counsel?

(Approved July 28, 1995)

Issue: When an attorney has reason to believe a person who is not a client has abused a child and the information upon which the belief is based derives from the attorney's representation of a client, may the attorney report the suspected abuse over the client's objection if the attorney believes that making such a report is required by law?

(Approved September 22, 1995)

Issue: After the Utah Attorney General has represented a division of a state agency in an action the division has brought before a state disciplinary board and the division has adopted the recommendation of that board, may the Attorney General file and pursue an appeal in her own name or on behalf of the public at large to the head of the agency of which the division is a part?

(Approved April 26, 1996)

Issue No. 1. May the same Utah guardian ad litem represent the interests of siblings?

Issue No. 2. If the same attorney guardian may not represent siblings of a represented child, may other attorney guardians within the same office represent the siblings?

Issue No. 3. May attorney guardians in other offices represent siblings of a represented child?

Issue No. 1. May the same attorney guardian ad litem represent the interests of siblings-for example, in neglect or abuse proceedings?

Issue No. 2. If the same attorney guardian may not represent siblings of a represented child, may other attorney guardians within the same office represent the siblings?

Issue No. 3. May attorney guardians in other offices represent siblings of a represented child?