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December 1998 Archives

December 28, 1998

98-01- May an elected, part-time county attorney continue to represent a client in a civil matter in which the opposing party in the civil matter commits a crime or otherwise comes under suspicion as a potential criminal defendant in that county?

(Approved January 23, 1998)

Issue: May an elected county attorney or other prosecutor who is allowed to engage in private practice continue to act as attorney in a civil matter in which the opposing party in the civil matter commits a crime or otherwise comes under suspicion as a potential criminal defendant in that county? Is it enough that the prosecutor refers any criminal matter involving the opposing litigant to another prosecutor, or must the attorney withdraw from both matters?

Continue reading "98-01- May an elected, part-time county attorney continue to represent a client in a civil matter in which the opposing party in the civil matter commits a crime or otherwise comes under suspicion as a potential criminal defendant in that county? " »

98-02 - May an attorney represent both a county and a city that lies within the jurisdiction of the county as to civil matters?

(Approved April 17, 1998)

Issue: May an attorney represent both a county and a city that lies within the jurisdiction of the county as to civil matters?

Continue reading "98-02 - May an attorney represent both a county and a city that lies within the jurisdiction of the county as to civil matters?" »

98-03 - May a lawyer hired by an insurance company to defend an insured in a lawsuit submit billing statements to an outside audit service?

(Approved April 17, 1998)

Issue: May a lawyer hired by an insurance company to defend an insured in a lawsuit submit billing statements to an outside audit service?

Continue reading "98-03 - May a lawyer hired by an insurance company to defend an insured in a lawsuit submit billing statements to an outside audit service?" »

98-04 - May a private practitioner who has been appointed as special deputy county attorney to investigate and prosecute a single matter continue to represent criminal defendants in any jurisdiction in Utah?

(Approved April 17, 1998)

Issue: May a private practitioner who has been appointed as special deputy county attorney to investigate and prosecute a single matter continue to represent criminal defendants in any jurisdiction in Utah?

Continue reading "98-04 - May a private practitioner who has been appointed as special deputy county attorney to investigate and prosecute a single matter continue to represent criminal defendants in any jurisdiction in Utah?" »

98-05 - Is it unethical for a defense attorney to offer a "full satisfaction" settlement, conditioned upon plaintiff's waiving a claim for attorneys' fees against a defendant?

(Approved April 17, 1998)

Issue: Is it unethical for a defense attorney to offer a "full satisfaction" settlement, conditioned upon plaintiff's waiving a claim for attorneys' fees against a defendant?

Continue reading "98-05 - Is it unethical for a defense attorney to offer a "full satisfaction" settlement, conditioned upon plaintiff's waiving a claim for attorneys' fees against a defendant?" »

98-06 - Members of a county attorney's office have requested an advisory opinion concerning conflicts between (1) attorney-client relationships between a county attorney and county officers and (2) statutory duties of a county attorney under Utah Code An

(Approved October 30, 1998)

Issue: Members of a county attorney's office have requested an advisory opinion concerning conflicts between (1) attorney-client relationships between a county attorney and county officers and (2) statutory duties of a county attorney under Utah Code Ann. § 17-5-206 to institute suits to recover or restrain unlawful payments of county funds.

Continue reading "98-06 - Members of a county attorney's office have requested an advisory opinion concerning conflicts between (1) attorney-client relationships between a county attorney and county officers and (2) statutory duties of a county attorney under Utah Code An" »

98-07 - May the lawyer for the plaintiff in a personal-injury case directly contact the adjuster for defendant's insurer without first obtaining the consent of the defendant's attorney?

(Approved August 7, 1998)

Issue: May the lawyer for the plaintiff in a personal-injury case directly contact the adjuster for defendant's insurer without first obtaining the consent of the defendant's attorney?

Continue reading "98-07 - May the lawyer for the plaintiff in a personal-injury case directly contact the adjuster for defendant's insurer without first obtaining the consent of the defendant's attorney? " »

98-08 - May a law firm wholly own an accounting-practice subsidiary that is staffed by employees other than the firm's lawyers and would perform services for the lawyer's clients and others?

(Approved September 11, 1998)

Question: May a law firm wholly own an accounting-practice subsidiary that is staffed by employees other than the firm's lawyers and would perform services for the lawyer's clients and others?

Continue reading "98-08 - May a law firm wholly own an accounting-practice subsidiary that is staffed by employees other than the firm's lawyers and would perform services for the lawyer's clients and others? " »

98-09 - Is the Office of Guardian ad Litem sufficiently similar to the Attorney General's Office to render it a "government agency" within the meaning of the Utah Rules of Professional Conduct, and if so, does Rule 1.10 concerning imputed disqualificatio

(Approved October 30, 1998)

Issues: Is the Office of the Guardian ad Litem sufficiently similar to the Attorney General's Office to render it a "government agency" within the meaning of the Utah Rules of Professional Conduct, and if so, does Rule 1.10 concerning imputed disqualifications, apply to the Office of the Guardian ad Litem? Does Rule 1.11, "Successive Government and Private Employment," apply to the Office of the Guardian ad Litem?

Continue reading "98-09 - Is the Office of Guardian ad Litem sufficiently similar to the Attorney General's Office to render it a "government agency" within the meaning of the Utah Rules of Professional Conduct, and if so, does Rule 1.10 concerning imputed disqualificatio" »

98-10 - Is it ethical for an attorney to serve as member of the board of directors of a client corporation?

(Approved October 2, 1998)

Issue: Is it ethical for an attorney to serve as member of the board of directors of a client corporation?

Continue reading "98-10 - Is it ethical for an attorney to serve as member of the board of directors of a client corporation? " »

98-11- In a lawsuit against a Utah county, brought by the heirs of a decedent whose medical bills were paid (in part) by the State of Utah's Medical program after the decedent had been in the county's jail facility, what are the ethical considerations t

(Approved October 30, 1998)

Issue: In a lawsuit against a Utah county, brought by the heirs of a decedent whose medical bills were paid (in part) by the State of Utah's Medicaid program after the decedent had been in the county's jail facility, what are the ethical considerations that govern a medical cost-recovery retainer agreement among the heirs, their attorney and the State's Office of Recovery Services (ORS)?

Continue reading "98-11- In a lawsuit against a Utah county, brought by the heirs of a decedent whose medical bills were paid (in part) by the State of Utah's Medical program after the decedent had been in the county's jail facility, what are the ethical considerations t" »

98-12 - When a lawyer becomes aware that another lawyer has illegally used or possessed controlled substances, under what circumstances must the first lawyer report such conduct to the Utah State Bar?

(Approved December 4, 1998)

Question: When a lawyer becomes aware that another lawyer has illegally used or possessed controlled substances, under what circumstances must the first lawyer report such conduct to the Utah State Bar?

Continue reading "98-12 - When a lawyer becomes aware that another lawyer has illegally used or possessed controlled substances, under what circumstances must the first lawyer report such conduct to the Utah State Bar?" »

98-13 - What are the ethical obligations and considerations that govern a law firm´s acceptance of a financial interest such as stock in a client company in return for performing legal services for that company?

(Approved December 4, 1998)

Issue: What are the ethical obligations and considerations that govern a law firm's acceptance of a financial interest such as stock in a client company in return for performing legal services for that company?

Continue reading "98-13 - What are the ethical obligations and considerations that govern a law firm´s acceptance of a financial interest such as stock in a client company in return for performing legal services for that company?" »

98-14 - Is it unethical for a lawyer in a divorce case to advise a client that she may obtain a protective order pro se or to allow the client to appear pro se in the protective-order case, while the lawyer continues to represent the client in the divorc

(Approved December 4, 1998)

Issue: Is it unethical for a lawyer in a divorce case to advise a client that she may obtain a protective order pro se or to allow the client to appear pro se in the protective-order case, while the lawyer continues to represent the client in the divorce proceeding?

Continue reading "98-14 - Is it unethical for a lawyer in a divorce case to advise a client that she may obtain a protective order pro se or to allow the client to appear pro se in the protective-order case, while the lawyer continues to represent the client in the divorc" »

98-15 - May a lawyer, who identifies himself as a lawyer, write an article or letter to the editor for a non-legal publication on (a) a legal subject or (b) a non-legal subject?

(Approved January 29, 1999)

Issue: May a lawyer, who identifies himself as a lawyer, write an article or letter to the editor for a non-legal publication on (a) a legal subject or (b) a non-legal subject?

Continue reading "98-15 - May a lawyer, who identifies himself as a lawyer, write an article or letter to the editor for a non-legal publication on (a) a legal subject or (b) a non-legal subject?" »

December 21, 1998

97-01 - What is the ethical obligation of an attorney to a client or former client, when the attorney is unable to locate the client, and the attorney is holding trust funds on behalf of that client?

(Approved January 24, 1997)

Issue: What is the ethical obligation of an attorney to a client or former client, when the attorney is unable to locate the client, and the attorney is holding trust funds on behalf of that client?

Continue reading "97-01 - What is the ethical obligation of an attorney to a client or former client, when the attorney is unable to locate the client, and the attorney is holding trust funds on behalf of that client?" »

97-02 - Is information provided by an accused to his attorney in an initial telephone conference confidential as against a request from law enforcement authorities for such information?

(Approved January 24, 1997)

Issue: Is information provided by an accused to his attorney in an initial telephone conference confidential as against a request from law enforcement authorities for such information?

Continue reading "97-02 - Is information provided by an accused to his attorney in an initial telephone conference confidential as against a request from law enforcement authorities for such information?" »

97-03 - May an attorney engage in a direct solicitation, by mail and for pecuniary gain, that advertises mediation and arbitration services?

(Approved April 25, 1997)

Issue: May an attorney engage in a direct solicitation, by mail and for pecuniary gain, that advertises mediation and arbitration services?

Opinion: A solicitation that is limited to alternative dispute resolution services is not prohibited, provided that the solicitation makes it clear to all parties that the alternative dispute resolution services are not legal services and that no attorney-client relationship will be established.

Continue reading "97-03 - May an attorney engage in a direct solicitation, by mail and for pecuniary gain, that advertises mediation and arbitration services?" »

97-04 May a law firm furnish lists of clients' names, addresses and telephone numbers to securities brokers, financial planners, insurance salesmen and other professionals, without receiving prior permission from the clients?

(Approved April 25, 1997)

Issue: May a law firm furnish lists of clients' names, addresses and telephone numbers to securities brokers, financial planners, insurance salesmen and other professionals, without receiving prior permission from the clients?

Continue reading "97-04 May a law firm furnish lists of clients' names, addresses and telephone numbers to securities brokers, financial planners, insurance salesmen and other professionals, without receiving prior permission from the clients?" »

97-05 Is it ethical for an attorney receive payment for legal services other than in money?

(Approved April 25, 1997)

Issue No. 1: Is it ethical for an attorney to receive payment for legal services other than in money?

Opinion: The Utah Rules of Professional Conduct permit an attorney to accept payment for legal services in a form other than money. All arrangements for payment of an attorney's fees, however, must comply with the applicable provisions of the Utah Rules of Professional Conduct concerning fees and the attorney-client relationship.

Issue No. 2: Is it ethical for an attorney to barter legal services through a barter exchange?

Continue reading "97-05 Is it ethical for an attorney receive payment for legal services other than in money?" »

97-06 - Under the Utah Rules of Professional Conduct, what are the ethical limitations that govern attorneys' acceptance of clients' credit cards to pay fees and costs?

(Approved May 30, 1997)

Issue: Under the Utah Rules of Professional Conduct, what are the ethical limitations that govern attorneys' acceptance of clients' credit cards to pay fees and costs?

Continue reading "97-06 - Under the Utah Rules of Professional Conduct, what are the ethical limitations that govern attorneys' acceptance of clients' credit cards to pay fees and costs?" »

97-07 - Is a lawyer, acting as a trustee under the United States Bankruptcy Code, required to maintain bankruptcy estate trust funds in a financial institution that complies with check-overdraft reporting requirements described in Rule 1.15?

(Approved May 30, 1997)

Issue: Is a lawyer, acting as a trustee under the United States Bankruptcy Code, required to maintain bankruptcy estate trust funds in a financial institution that complies with check-overdraft reporting requirements described in Rule 1.15?

Continue reading "97-07 - Is a lawyer, acting as a trustee under the United States Bankruptcy Code, required to maintain bankruptcy estate trust funds in a financial institution that complies with check-overdraft reporting requirements described in Rule 1.15?" »

97-08 - May an attorney, formerly employed by a government agency; represent a private client in challenging: (1) the validity or enforceability of statutes, rules, ordinances or procedures that the attorney participated in drafting, or (2) specific cont

(Approved July 2, 1997)

Issue: May an attorney, formerly employed by a government agency, represent a private client in challenging: (i) the validity or enforceability of statutes, rules, ordinances or procedures that the attorney participated in drafting; or (ii) specific contracts or easements that the attorney negotiated, drafted or reviewed for approval on behalf of the government agency?

Continue reading "97-08 - May an attorney, formerly employed by a government agency; represent a private client in challenging: (1) the validity or enforceability of statutes, rules, ordinances or procedures that the attorney participated in drafting, or (2) specific cont" »

97-09 - This opinion addresses the ethical considerations of a lawyer who plans to perform certain estate-planning legal services in conjunction with a non-lawyer estate-planning professional who is not employed or retained by the lawyer.

(Approved July 28, 1997)

The Opinion is the result of a specific inquiry from a Utah attorney who has proposed to provide legal services as outlined in the Facts section in the body of the Opinion. The Opinion addresses the ethical considerations of a lawyer who plans to perform certain estate-planning legal services in conjunction with a non-lawyer estate-planning professional who is not employed or retained by the lawyer. In general, we find that the lawyer must perform an independent role as legal advisor to the client, assuring that the estate plan and associated documents are legally appropriate to accomplishing the client's objectives.

Continue reading "97-09 - This opinion addresses the ethical considerations of a lawyer who plans to perform certain estate-planning legal services in conjunction with a non-lawyer estate-planning professional who is not employed or retained by the lawyer." »

97-10 May an attorney advertise services on a web page or engage in other electronic advertising on the Internet?

(Approved October 24, 1997)

Issue: May a Utah attorney advertise services on a web page or engage in other electronic advertising on the Internet?

Continue reading "97-10 May an attorney advertise services on a web page or engage in other electronic advertising on the Internet?" »

December 18, 1998

97-11- May an attorney finance the expected costs of a case by borrowing money from a non-lawyer pursuant to a non-recourse promissory note, where the note is secured by the attorney's interest in his contingent fee in this case?

(Approved December 5, 1997)

Issue: May an attorney finance the expected costs of a case by borrowing money from a non-lawyer pursuant to a non-recourse promissory note, where the note is secured by the attorney's interest in his contingent fee in the case?

Continue reading "97-11- May an attorney finance the expected costs of a case by borrowing money from a non-lawyer pursuant to a non-recourse promissory note, where the note is secured by the attorney's interest in his contingent fee in this case?" »

97-12 - If, through the attorney-client relationship, an attorney learns that a client has engaged in child abuse, is it an ethical violation if the attorney does not report the client's conduct purpose to Utah Code Ann. Section 62A-4a-403?

(Approved January 23, 1998)

Issue: Utah Code Ann. § 62A-4a-403 obligates any person who suspects a child has been subjected to abuse to report such conduct to the nearest law enforcement officer. Is it a violation of the Rules of Professional Conduct if the attorney does not report a client's conduct that falls under this provision when the attorney learns of such conduct from the client and the client refuses to consent to such disclosure?

Continue reading "97-12 - If, through the attorney-client relationship, an attorney learns that a client has engaged in child abuse, is it an ethical violation if the attorney does not report the client's conduct purpose to Utah Code Ann. Section 62A-4a-403?" »

About December 1998

This page contains all entries posted to Ethics Advisory Opinions in December 1998. They are listed from oldest to newest.

December 1997 is the previous archive.

December 1999 is the next archive.

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

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