Ethics Advisory Opinions

(Approved January 29, 1999)

Question: What are an attorney’s ethical obligations when the attorney or his client has lawfully obtained an attorney-client communication between an opposing party and opposing counsel under conditions where the opposing party may not have intended to waive the attorney-client privilege?

(Approved April 30, 1999)

Issue: Does a lawyer who negotiates or communicates with an opposing party's legal assistant, secretary or other non-lawyer representative about substantive matters assist in the unauthorized practice of law under Utah Rule of Professional Conduct 5.5(b)?

This opinion was vacated by the Utah Supreme Court in Sorensen v Barbuto, 177 P.3d 614 (UT 2008). See also Wilson v. IHC Hospitals, Inc., 289 P.3d 369 (UT 2012).

(Approved October 29, 1999)

This opinion was vacated by the Utah Supreme Court in Sorensen v Barbuto, 177 P.3d 614 (UT 2008). See also Wilson v. IHC Hospitals, Inc., 289 P.3d 369 (UT 2012).

(Approved June 30, 1999)

General Issue: What are the ethical considerations that govern a lawyer who wishes to conduct legal seminars; provide legal information to groups of retirement-home residents; host open houses; set up information booths at trade shows; participate in Bar-sponsored question-and-answer programs; or make in-person contacts with prospective clients at the request of their friends or relatives?

Approved July 30, 1999

Issue: What are the ethical implications of the Office of the Attorney General's proposed investigation to determine whether any Utah criminal laws were violated by the Salt Lake City Bid Committee for the Olympic Winter Games in view of the Attorney General's prior association with the Bid Committee?

(Approved August 27, 1999)

Issue: As a part of a criminal plea bargain agreement in a DUI case, may either the prosecuting attorney or the defense lawyer seek the concurrence of the investigating police officer not to respond to a subpoena lawfully issued by the Utah Driver License Division in connection with the related driver-license revocation hearing, a state administrative proceeding?

(Approved December 3, 1999)

Issue: May a lawyer refer a client to an investment advisor for investment and financial planning and take a referral fee from the commission paid by the client to the investment advisor?