Ethics Advisory Opinions

(Approved April 26, 1996)

Issue: May a lawyer representing a defendant in multiple lawsuits asserting similar claims initiate and conduct ex parte communications with former plaintiffs who have settled their claims?

(Approved April 26, 1996)

Issue: How long must an attorney retain a client's file after the attorney's representation of the client has been completed or terminated?

(Approved April 26, 1996)

Issue: What are the ethical obligations of an attorney who has negotiated an agreement with medical providers on behalf of a personal-injury client whose debts are subsequently discharged in bankruptcy?

(Approved July 3, 1996)

Issue: Is it unethical for an attorney, without prior disclosure to other parties to a telephone conversation, electronically or mechanically to record communications with clients, witnesses or other attorneys?

(Approved July 3, 1996)

Issue: May a lawyer choose a law-related charitable institution other than the Utah Bar Foundation to be the recipient of trust-account interest that is generated in such nominal amounts that it is impractical to pay them to individual clients?

(Approved July 3, 1996)

Issue: What are the ethical obligations if an attorney undertakes representation of a client when the attorney is not able to communicate directly with the client in a language clearly understood by that client?

(Approved August 30, 1996)

Issue: What are the ethical implications of federal funding reductions and practice restrictions to Utah Legal Services lawyers?

(Approved November 1, 1996)

Issue: May an attorney represent a person who seeks to obtain payment under the terms of a client-solicitation agreement entered into with another attorney, where the agreement involved the payment of a "finder's fee" to the person?

(Approved November 1, 1996)

Issue: May an attorney recover attorney's fees for a collection action pursued on behalf of the attorney's partner?

(Approved December 6, 1996)

Issue: May an attorney employ a paralegal who owns a proprietary interest in a collection agency the attorney represents as a client?

(Approved January 24, 1997)

Issue: May an attorney appointed to represent both the mother and father in an abuse/neglect proceeding continue to represent one of the parents after an actual or potential conflict between the two parents arises?

(Approved January 24, 1997)

Issue: Is it ethical for an attorney to charge for legal advice given to callers using a "1-900 number" that would automatically bill the caller on a per-minute basis?

(Approved January 24, 1997)

Issue: Is it permissible under the Utah Rules of Professional Conduct for an attorney practicing law in Utah to form a partnership or otherwise associate with one or more non-Utah lawyers or with legal practitioners from other countries?