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Opinions Issued Before Adoption of Utah R.P.C Archives

December 18, 1997

96-05 - 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: 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?

Continue reading "96-05 - 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?" »

December 17, 1995

EAOC 151 - Do the Rules of Professional Conduct apply to the conduct of a lawyer who has been appointed by an insurance company as an "independent" appraiser of the property of an insured of the company, where the lawyer also provides legal services f

(Approved October 28, 1994)

Issue: Do the Rules of Professional Conduct apply to the conduct of a lawyer who has been appointed by an insurance company as an "independent" appraiser of the property of an insured of the company, where the lawyer also provides legal services for the insurance company on unrelated matters?1

Continue reading "EAOC 151 - Do the Rules of Professional Conduct apply to the conduct of a lawyer who has been appointed by an insurance company as an "independent" appraiser of the property of an insured of the company, where the lawyer also provides legal services f" »

EAOC 146a - May a lawyer-insurance agent offer to perform legal services for his insurance clients? May a financial planning company's lawyer perform legal services for the planner's clients? (replaces and supersedes Opinion No. 146, issued July 29, 1994)

(Approved April 28, 1995)

This opinion addresses three related issues arising from a lawyer's employment as a life insurance agent and by a financial planning company.

Issue No. 1: May a lawyer who is also a life insurance agent, in the course of selling life insurance products, suggest the need for estate planning and then perform legal services for the customer, if requested, where the customer initially did not contact the insurance agent for legal advice?

Continue reading "EAOC 146a - May a lawyer-insurance agent offer to perform legal services for his insurance clients? May a financial planning company's lawyer perform legal services for the planner's clients? (replaces and supersedes Opinion No. 146, issued July 29, 1994)" »

EAOC 145 - May a law firm accept a court appointment to represent an indigent defendant in a re-trial of a criminal case in which an investigator who had been involved in the State's investigation of the defendant and testified against the defendant a

(Approved April 28, 1994)

Issues: May a law firm accept a court appointment to represent an indigent defendant in a re-trial of a criminal case in which an investigator who had been involved in the State's investigation of the defendant and testified against the defendant at the first trial is now a full-time employee of the law firm?1

May a law firm represent other defendants in matters in which the investigator personally and substantially participated while employed with the State but in which the investigator will not be called as a State witness?

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December 16, 1995

EAOC 142 - Whether the rules of imputed disqualification apply to the Office of the Utah Attorney General when it is fulfilling its duty of representing all state agencies, some of which may be adverse to each other on certain terms.

(Approved March 10, 1994)

Issue: The Office of the Utah Attorney General has requested an advisory opinion concerning whether the rules of imputed disqualification apply to that office when it is fulfilling its duty of representing all state agencies, some of which may be adverse to each other on certain issues.

Continue reading "EAOC 142 - Whether the rules of imputed disqualification apply to the Office of the Utah Attorney General when it is fulfilling its duty of representing all state agencies, some of which may be adverse to each other on certain terms." »

EAOC 139 - May a law firm's non-lawyer office administrator be compensated solely on the basis of a percentage of the gross income of the firm?

(Approved January 27, 1994)

Issue: May a law firm's nonlawyer office administrator be compensated solely on the basis of a percentage of the gross income of the firm?

Opinion: Under Rule of Professional Conduct 5.4(a)(3), a lawyer or law firm may include nonlawyer employees in a compensation or retirement plan, which may be based upon a percentage of the net or gross income of the firm, so long as compensation is not tied to receipt of particular fees. The nonlawyer's employment, however, must still comport with Rule 5.4(d), which prevents the nonlawyer from owning an interest in or controlling the activities of a law practice.

Continue reading "EAOC 139 - May a law firm's non-lawyer office administrator be compensated solely on the basis of a percentage of the gross income of the firm?" »

EAOC 138 - May a currently practicing sole practitioner who formerly had associates or junior partners continue to se the firm name that includes the sole practitioners name followed by "& Associates"?

(Approved January 27, 1994)

Issue: May a currently practicing sole practitioner who formerly had associates or junior partners continue to use the firm name that includes the sole practitioner's name followed by "& Associates"?

Opinion: A lawyer may not use "& Associates" as part of a firm name where no attorney associates are currently employed by that firm.

Continue reading "EAOC 138 - May a currently practicing sole practitioner who formerly had associates or junior partners continue to se the firm name that includes the sole practitioners name followed by "& Associates"? " »

EAOC 136 - Can an advance payment made by a client ever be characterized as a "fixed fee" or "non refundable retainer," which would be earned by the attorney when received and therefore not deposited into a trust account?

(Approved July 29, 1993)

Issue:Can an advance payment made by a client ever be characterized as a "fixed fee" or "nonrefundable retainer", which would be earned by the attorney when received and therefore not deposited into a trust account?

Continue reading "EAOC 136 - Can an advance payment made by a client ever be characterized as a "fixed fee" or "non refundable retainer," which would be earned by the attorney when received and therefore not deposited into a trust account?" »

EAOC 135 - In a contingent-fee case, what are the ethical considerations for a judgment-creditor's attorney where the judgment-debtor agrees to name the judgment-creditor as the beneficiary of an insurance policy on the life of the judgment-debtor in

(Approved September 23, 1993)

Issue: In a contingent-fee case, what are the ethical considerations for a judgment-creditor's attorney where the judgment-debtor agrees to name the judgment-creditor as the beneficiary of an insurance policy on the life of the judgment-debtor in order to satisfy the judgment?

Continue reading "EAOC 135 - In a contingent-fee case, what are the ethical considerations for a judgment-creditor's attorney where the judgment-debtor agrees to name the judgment-creditor as the beneficiary of an insurance policy on the life of the judgment-debtor in " »

EAOC 132 - May an attorney who is leaving a law firm take, either to another law firm or to solo practice, the files and clients generated while the attorney was an employee or member of the law firm?

(Approved August 26, 1993)

Issues: May an attorney who is leaving a law firm take, either to another law firm or to solo practice, the files and clients generated while the attorney was an employee or member of the law firm?

What duties does the departing attorney owe the law firm with respect to fees paid to the attorney by these clients for services performed subsequent to the attorney's departure from the firm?

Continue reading "EAOC 132 - May an attorney who is leaving a law firm take, either to another law firm or to solo practice, the files and clients generated while the attorney was an employee or member of the law firm?" »

December 16, 1994

EAOC 131 - 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)?

(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

Continue reading "EAOC 131 - 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)? " »

EAOC 129 - With respect to Utah's Rule 4.4, which proscribes certain lawyer communications and actions with respect to third persons, what is the effect of the US Supreme Court's void-for-vagueness finding concerning Nevada's Rule 3.6?

(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?

Continue reading "EAOC 129 - With respect to Utah's Rule 4.4, which proscribes certain lawyer communications and actions with respect to third persons, what is the effect of the US Supreme Court's void-for-vagueness finding concerning Nevada's Rule 3.6?" »

EAOC 127 - 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 payme

(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?

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EAOC 126 - Under what circumstances may a city attorney represent criminal defendants?

(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.

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EAOC 126 - Under what circumstances may a city attorney represent criminal defendants?

(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.

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EAOC 125 - May an elected county attorney share and rent office space to another attorney who may represent interests adverse to the county?

(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.

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EAOC 121 - May a lawyer pay another lawyer a fee for referring a case?

(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.

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EAOC 118 - Is Utah Rule of Professional Conduct 1.13(a) intended to eliminate the historic distinction between payments advanced by a client for professional legal fees and payments advanced by a client for costs?

(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?

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EAOC 116 - Under what circumstances may an attorney represent both parties in a divorce?

(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.

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June 29, 1994

EAOC 115R - Opinion on Reconsideration, affirming conclusion of opinion No. 115

(Approved July 29, 1994)

I. Introduction

On May 20, 1993, the Board of Bar Commissioners of the Utah State Bar approved Ethics Advisory Opinion Committee No. 115, which found that Rule 4.2 of the Utah Rules of Professional Conduct does not prohibit a lawyer representing a private party from directly contacting a government official about a matter involving the attorney's client, even though the government agency was known to be represented by counsel. Subsequent to the approval of the opinion, the Office of Attorney General of Utah, the Statewide Association of Public Attorneys of Utah, and an individual from the Office of Attorney General, Richard L. King (collectively, "Petitioners") filed petitions for reconsideration of the opinion.

Continue reading "EAOC 115R - Opinion on Reconsideration, affirming conclusion of opinion No. 115" »

December 16, 1993

EAOC 115 - Under what circumstances may a lawyer who represents a private party contact the employees of a government agency if the private party is involved in litigation against the agency?

(Approved May 20, 1993)

Issue: Under what circumstances may a lawyer who represents a private party contact the employees of a government agency if the private party is involved in litigation against the agency?

Continue reading "EAOC 115 - Under what circumstances may a lawyer who represents a private party contact the employees of a government agency if the private party is involved in litigation against the agency?" »

EAOC 114 - Is a one-third contingency fee charged by an attorney unreasonable or excessive if the recovery includes personal injury protection ("PIP" or "no fault") payments from the clients insurer?

(Approved February 20, 1992)

Issue: Is a one-third contingency fee charged by an attorney unreasonable or excessive if the recovery includes personal injury protection ("PIP" or "no fault") payments from the client's insurer?

Continue reading "EAOC 114 - Is a one-third contingency fee charged by an attorney unreasonable or excessive if the recovery includes personal injury protection ("PIP" or "no fault") payments from the clients insurer?" »

EAOC 113 - May a lawyer, in representing individual members of an Indian tribe, communicate with the Tribal Council or with tribal officers in their official capacity concerning federal legislation?

(Approved March 14, 1991)

Issue: May a lawyer, in representing individual members of an Indian tribe, communicate with the Tribal Council or with tribal officers in their official capacity concerning federal legislation that the lawyer has proposed on behalf of his clients, when the communication is made without the consent of the lawyer who represents the tribe and has proposed competing federal legislation on the same matters?

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EAOC 111 - May an attorney represent a collection company in lawsuits to collect on assigned accounts if he owns stock in or has an interest in the company?

(Approved July 29, 1993)

Issue: Utah Ethics Advisory Opinion No. 45, issued in 1978, holds that an attorney may not represent a collection company in lawsuits to collect on assigned accounts if he owns stock in or has an interest in the company. Is Opinion No. 45 still valid in light of the relaxation of attorney advertising and solicitation restrictions since 1978?

Opinion: The conclusion of Opinion No. 45 is reversed. Subject to any legal constraints imposed by Utah Code Ann. § 78-51-27(1), it is not per se unethical for an attorney who has a financial interest in a collection agency to represent the agency in lawsuits to collect on assigned accounts.

Continue reading "EAOC 111 - May an attorney represent a collection company in lawsuits to collect on assigned accounts if he owns stock in or has an interest in the company? " »

EAOC 110 - May an attorney give a "second opinion" on a legal matter, when approached by a non-client who is represented by counsel?

(Approved February 25, 1993)

Issue: May an attorney give a "second opinion" on a legal matter, when approached by a non-client who is represented by counsel?

Opinion: Rule 4.2 of the Rules of Professional Conduct prohibits a lawyer, "[i]n representing a client," from "communicat[ing] about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter." A lawyer does not violate the letter or purposes of this rule by rendering a second opinion on a legal matter, when the lawyer is not "representing a client" on the same subject. However, the lawyer should make every effort neither to impair the first attorney-client relationship nor to use the consultation as a means of soliciting the represented party.

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December 16, 1992

EAOC 108 - May a Utah lawyer who is also a certified public accountant (CPA) include CPA designation on his professional law-office letterhead?

(Approved December 14, 1990)

Issue: May a Utah lawyer who is also a certified public accountant (CPA) include a CPA designation on his professional law-office letterhead?1

Continue reading "EAOC 108 - May a Utah lawyer who is also a certified public accountant (CPA) include CPA designation on his professional law-office letterhead?" »

February 15, 1992

EAOC 107 - Is a lawyer subject to disciplinary action for pursuing a matter in which he has a conflict of interest or which may otherwise be a violation of the Rules of Professional Conduct when the lawyer has sought to be excused from the court appoi

appointment and the court has denied the motion?

(Approved February 15, 1992)

Issue: Is a lawyer subject to disciplinary action for pursuing a matter in which he has a conflict of interest or which may otherwise be a violation of the Rules of Professional Conduct when the lawyer has sought to be excused from the court appointment and the court has denied the motion?

Continue reading "EAOC 107 - Is a lawyer subject to disciplinary action for pursuing a matter in which he has a conflict of interest or which may otherwise be a violation of the Rules of Professional Conduct when the lawyer has sought to be excused from the court appoi" »

July 27, 1990

EAOC 100 - Is it ethically proper for a collection agency to retain and pay a lawyer a flat monthly fee to handle all of its collection litigation while seeking and recovering attorneys' fees from the debtor based upon higher market rates?

(Effective Date July 27, 1990)

Issue: Is it ethically proper for a collection agency to retain and pay a lawyer a flat monthly fee to handle all of its collection litigation while seeking and recovering attorneys' fees from the debtor based upon higher market rates?1

Continue reading "EAOC 100 - Is it ethically proper for a collection agency to retain and pay a lawyer a flat monthly fee to handle all of its collection litigation while seeking and recovering attorneys' fees from the debtor based upon higher market rates?" »

December 15, 1989

EAOC 099 - Is a part-time attorney ethically barred from appearing on behalf of a defendant in a civil action brought by the State of Utah to collect delinquent child support payments?

(Approved October 27, 1989)

Issue: Is an attorney who serves as a part-time county attorney or part-time deputy county attorney ethically barred from appearing as counsel on behalf of a defendant in a civil action brought by the State of Utah to collect delinquent child support payments when the State is represented by the Attorney General's Office in the same action?

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EAOC 098 - Is an attorney's refusal to pay for services rendered by a third party at the attorney's request contrary to the attorney's obligation to act in an ethical manner?

(Approved October 27, 1989)

Issue: Is an attorney's refusal to pay for services rendered by a third party at the attorney's request contrary to the attorney's obligation to act in an ethical manner, and does it warrant disciplinary action.

Continue reading "EAOC 098 - Is an attorney's refusal to pay for services rendered by a third party at the attorney's request contrary to the attorney's obligation to act in an ethical manner?" »

EAOC 095 - May a lawyer disclose a client's threats to commit suicide to another who might help prevent it?

(Approved October 27, 1989)

Issue: May a lawyer disclose a client's threats to commit suicide to another who might help prevent it, even though the client's communication is privileged and confidential and otherwise falls within the scope of the attorney-client relationship?

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EAOC 091 - Is it ethically proper for an attorney to retain a clients file and other papers and documents that belong to the client, because the client has refused to pay the attorney's fees?

Effective Date May 17, 1989)

Issue: Is it ethically proper for an attorney to retain a client's file and other papers and documents belonging to the client, because the client has refused to pay the attorney's fees?

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October 23, 1987

EAOC 090 - Is it unethical for an attorney to surreptitiously record by electronic or mechanical means communications with clients, witnesses, or other attorneys?

Approved: May 1987
[Affirmed by Opinion No. 96-04]

Note: The following original Opinion No. 90 was reversed by the Board of Bar Commissioners on Sept. 23, 1988. This reversal was affirmed by Opinion No. 96-04.

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October 21, 1987

EAOC 081 - An attorney may not be employed as county attorney and as city attorney within the county boundaries, except for prosecutorial functions. [Overruled in part by Opinion No. 98-02.]


Approved: February 20, 1987
[Overruled in part by Opinion No. 98-02]

SUMMARY:

An attorney may not ethically be employed both as a County Attorney and as a City Attorney for a municipality within the same county boundaries. However, an attorney may ethically perform the prosecutorial function for both a county and a municipality within the same county boundaries.

Continue reading "EAOC 081 - An attorney may not be employed as county attorney and as city attorney within the county boundaries, except for prosecutorial functions. [Overruled in part by Opinion No. 98-02.]" »

October 20, 1987

EAOC 079 - An attorney's role in disciplinary proceedings

Approved: February 20, 1987

Issue:

Is an attorney who represents a complainant in a disciplinary proceeding before the Ethics and Discipline Committee of the Utah State Bar under an ethical obligation of confidentiality with respect to the allegations contained in the complaint and the contents of the Notice of Disposition issued in the matter.

Continue reading "EAOC 079 - An attorney's role in disciplinary proceedings" »

October 15, 1987

EAOC 078 - Questions concerning a lawyer's responsibility toward an absent client

Approved: October 2, 1987

A number of questions have arisen concerning a lawyer's responsibility toward an absent client. These questions generally arise when the attorney accepts employment and embarks upon the performance of the legal service the client has requested, but is subsequently unable to locate the client to inform him of matters upon which he needs his consent and direction. What is the lawyer to do when (A) he is unable to obtain the absent client's approval of a settlement offer, or (B) to continue the pending litigation of the absent client's claim. Such a situation might arise, for example, where the client has moved from the community and possibly have abandoned his claim without informing his attorney. This is not the only situation that might give rise to absent-client problems. The absent-client problem involves a tension between the lawyer's obligation to diligently represent the client and achieve desired results, and the lawyer's obligation to communicate with the client and allow the client to direct the objectives of the representation.

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May 15, 1986

EAOC 077 - A former city attorney may not represent a private client in contract negotiations with the city over a contract that attorney drafted as city attorney

Approved: January 20, 1986

Facts: Attorney (A) was employed as the (City Y) City Attorney for approximately four years. During the last months of A's tenure, A drafted a new contract for solid waste collection in (City Y). Client (C) was awarded the contract and asked A to include two additional provisions. One provision allowed C increased compensation if the price of fuel rose above a specified level. A drafted those provisions and C operated under the contract from approximately June, 1979 to December, 1979.

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April 15, 1986

EAOC 076 - A corporation may use the corporate name on pleadings and court documents

Approved: April 11, 1985.

Facts: Corporation X, a non-profit organization, is funded by the Federal Government to provide legal services to low-income people. The corporation's Board of Directors consists of lawyers and non-lawyers. The corporation employs licensed attorneys to perform legal services.

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February 15, 1986

EAOC 075 - Mailing solicitation letters

Approved: February 21, 1986

Facts: Several attorneys have requested an opinion regarding the propriety of mailing a solicitation letter to specific groups of potential clients. The proposed letters are addressed to groups such as financial institutions, mortgage lenders, or general contractors within a specific city or county.

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February 15, 1981

EAOC 074 - An attorney may give advice to a litigant who is proceeding pro se

Approved: February 13, 1981

Summary: An attorney may give advice to a litigant who is proceeding prose and may prepare or assist in the preparation of pleadings. But when the attorney gives any additional advice or assistance, he has an obligation to notify the court and opposing counsel of his representation.

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February 11, 1980

EAOC 073 - A city prosecutor may not represent criminal defendants in the same circuit court district even though the defense is conducted in a different division. [Modified or overruled by Opinion No 126.]

Approved: February 11, 1980
[Modified or overruled by Opinion No. 126]

Summary: A municipal prosecutor may not represent criminal defendants in the same circuit court district, even if the defense is conducted in different divisions of that court.

Continue reading "EAOC 073 - A city prosecutor may not represent criminal defendants in the same circuit court district even though the defense is conducted in a different division. [Modified or overruled by Opinion No 126.]" »

November 15, 1979

EAOC 072 - An attorney employed by an insurance company to represent both insurer and insured must fully disclose and get consent

Approved: November 16, 1979

Summary: An attorney employed by an insurance company to represent both insurer and insured in a matter must fully disclose to both of all relevant circumstances and potential conflicts of interest and after obtaining consent of both may proceed and negotiate with the company on behalf of the insured for compromise and settlements.

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EAOC 071 - An attorney may issue a notice of a dishonored check

Approved: November 16, 1979

Summary: An attorney may issue a notice of a dishonored check which includes statutorily required reference to criminal sanctions.

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EAOC 070 - Attorney referral programs

Approved: November l6, 1979

Summary: An attorney referral program for the Utah Education Association is permissible under certain circumstances.

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EAOC 069 - An attorney may represent the husband and guardians of the wife even though he formerly represented the husband in a divorce action

Approved: November 16, 1979

Summary: An attorney may represent the husband and guardians of the wife even though he formerly represented the husband in an incompleted divorce action if both parties consent after full disclosure and if the attorney withdraws from the divorce proceedings.

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EAOC 068 - An attorney may not be appointed a special counsel by the attorney general for purposes of enforcing state law when the attorney's law firm acts as legal counsel in private matters involving that law

Approved: November 16, 1979

Summary: A private attorney may not be appointed as special counsel by the attorney general for purposes of enforcing the Take-Over Disclosure Act when he or his law firm regularly acts as legal counsel for the offeree company involved in the take-over effort.

Continue reading "EAOC 068 - An attorney may not be appointed a special counsel by the attorney general for purposes of enforcing state law when the attorney's law firm acts as legal counsel in private matters involving that law" »

September 28, 1979

EAOC 067 - An announcement of the availability of legal services to lawyers must be dignified

Approved: September 21, 1979

Summary: An announcement of availability of legal services to lawyers must be dignified and must avoid "representations of special competence or experience."

Continue reading "EAOC 067 - An announcement of the availability of legal services to lawyers must be dignified" »

September 27, 1979

EAOC 066 - An attorney may not purchase estate assets when acting as legal counsel in probate proceedings

Approved: September 21, 1979

Summary: An attorney may not purchase estate assets when he is acting as legal counsel for the executor or other involved person, except under most unusual circumstances.

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September 24, 1979

EAOC 065 - An attorney may act as attorney for the executor and as executor in probate proceedings

Approved: September 21, 1979

Summary: An attorney may act as both executor and attorney for the executor in probate proceedings.

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September 23, 1979

EAOC 064 - IOLTA funds.

Approved: September 21, 1979

Summary: An attorney is permitted to place trust funds in an interest bearing account so long as he doesn't retain the interest proceeds.

Continue reading "EAOC 064 - IOLTA funds." »

September 21, 1979

EAOC 063 - When the Attorney General's office is involved in representing a state judge, members of the AG's office should avoid appearances before that judge

Approved: September 21, 1979

Summary: When the attorney general's office is involved in representation of a state judge, members of the attorney general's staff should avoid appearances before that judge, or if such appearances cannot be avoided, disclosure of the concurrent legal representation of the judge should be made to the court and opposing counsel.

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April 15, 1979

EAOC 062 - An attorney may not reveal confidences and secrets gained in the course of professional employment when the attorney is subpoenaed to appear regarding criminal charges against a client

Approved: April 12, 1979

Summary: An attorney may not reveal confidences and secrets gained in the course of professional employment when the attorney is subpoenaed to appear and testify regarding criminal charges against a client unless the information gained clearly indicates fraud.

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EAOC 062 - An attorney may not reveal confidences and secrets gained in the course of professional employment when the attorney is subpoenaed to appear regarding criminal charges against a client

Approved: April 12, 1979

Summary: An attorney may not reveal confidences and secrets gained in the course of professional employment when the attorney is subpoenaed to appear and testify regarding criminal charges against a client unless the information gained clearly indicates fraud.

Continue reading "EAOC 062 - An attorney may not reveal confidences and secrets gained in the course of professional employment when the attorney is subpoenaed to appear regarding criminal charges against a client" »

EAOC 061 - A law firm may advise only regular clients of a seminar it offers on a particular subject

Approved: April 12, 1979

Summary: A law firm may advise only regular clients of a seminar it offers on a particular subject.

Continue reading "EAOC 061 - A law firm may advise only regular clients of a seminar it offers on a particular subject" »

EAOC 060 - An attorney may announce his availability to do legal research for other attorneys

Approved: April 12, 1979

Summary: An attorney may announce his availability to do legal research for other attorneys in the bar newsletter.

Continue reading "EAOC 060 - An attorney may announce his availability to do legal research for other attorneys" »

EAOC 059 - A county attorney may not represent the same plaintiff against the same defendant in both a civil and criminal matter

Approved: April 12, 1979

Summary: A county attorney may not represent the same plaintiff against the same defendant in both a civil and a criminal matter.

Continue reading "EAOC 059 - A county attorney may not represent the same plaintiff against the same defendant in both a civil and criminal matter" »

EAOC 058 - An attorney may not contact medical doctors with the intent of obtaining clients a class action suit.

Approved: April 12, 1979

Summary: A lawyer may not contact medical doctors with the intent of obtaining clients in a class action suit when the prospective clients are patients of the contacted doctors.

Continue reading "EAOC 058 - An attorney may not contact medical doctors with the intent of obtaining clients a class action suit." »

EAOC 057 - An attorney may indicate on letterhead the possession of a J.D. or LL.M. degree

Approved: April 12, 1979

Summary: An attorney may indicate on his/her letterhead the possession of a J.D. and/or L.L.M. degree.

Continue reading "EAOC 057 - An attorney may indicate on letterhead the possession of a J.D. or LL.M. degree" »

EAOC 056 - An attorney may not represent some stockholders in a derivative action against a corporation when he previously acted as corporate counsel

Approved: April 12, 1979

Summary: An attorney may not ethically represent some stockholders in a derivative action against a corporation when he previously acted as corporate counsel.

Continue reading "EAOC 056 - An attorney may not represent some stockholders in a derivative action against a corporation when he previously acted as corporate counsel" »

EAOC 055 - An attorney may withdraw when his client disregards a fee agreement or files a bankruptcy petition seeking to discharge accrued fees

Approved: April 12, 1979

Summary: An attorney may withdraw as counsel when his client disregards a fee agreement or refuses to discuss the fee agreement and has filed a bankruptcy petition seeking to discharge accrued fees.

Continue reading "EAOC 055 - An attorney may withdraw when his client disregards a fee agreement or files a bankruptcy petition seeking to discharge accrued fees" »

EAOC 054 - An attorney may not identify himself as an attorney in a letter to the editor. [Overruled by Opinion No. 98-15 .]

Approved: April 12, 1979
[Overruled by Opinion 98-15]

Summary: It is improper for an attorney to identify himself as an attorney in a letter to the editor.

Facts: The Ethics Committee has been asked to render a decision on whether or not it is proper for an attorney to write a letter to the editor of a local newspaper and identify himself as an attorney: (1) in a letter relating to law; or (2) in a non-legal letter.

Continue reading "EAOC 054 - An attorney may not identify himself as an attorney in a letter to the editor. [Overruled by Opinion No. 98-15 .]" »

EAOC 053 - An attorney may provide limited legal services to persons wishing to handle their own divorces

Approved: April 12, 1979

Summary: An attorney may provide limited legal services to persons wishing to handle their own divorces.

Continue reading "EAOC 053 - An attorney may provide limited legal services to persons wishing to handle their own divorces" »

April 12, 1979

EAOC 052 - An attorney may not be both county attorney and city attorney within the county boundaries

Approved: April 12, 1979

Summary: An attorney may not ethically be employed as both a county attorney and a part-time city attorney for a municipality within the same county boundaries.

Continue reading "EAOC 052 - An attorney may not be both county attorney and city attorney within the county boundaries" »

December 8, 1978

EAOC 051 - An attorney who is also city councilman may not represent those charged with crimes in that city's courts or in cases where city-employed law enforcement officers are prosecution witnesses

Approved: December 8, 1978

Summary: An attorney who is also a city councilman may not ethically represent those charged with crimes in that city's courts or in cases where city-employed law enforcement officers are prosecution witnesses.

Continue reading "EAOC 051 - An attorney who is also city councilman may not represent those charged with crimes in that city's courts or in cases where city-employed law enforcement officers are prosecution witnesses" »

August 26, 1978

EAOC 050 - Attorneys may not be members of barter type exchanges. [Overrules by Opinion No. 97-05.]

Approved: August 25, 1978
[Overruled by Opinion 97-05]

Summary: Attorneys may not join barter exchanges.

Continue reading "EAOC 050 - Attorneys may not be members of barter type exchanges. [Overrules by Opinion No. 97-05.]" »

August 25, 1978

EAOC 049 - When a client has disappeared, an attorney may withdraw as counsel in ongoing litigation and is not obligated to pursue appeal

Approved: August 25, 1978

Summary: When a client has disappeared and cannot be located, an attorney may withdraw as counsel in ongoing litigation and is not obligated to pursue an appeal.

Continue reading "EAOC 049 - When a client has disappeared, an attorney may withdraw as counsel in ongoing litigation and is not obligated to pursue appeal" »

July 28, 1978

EAOC 048 - A Salt Lake County municipal attorney may not represent criminal defendants in other jurisdictions. [Modified or overruled by Opinion No. 126.]

Approved: July 28, 1978

Summary: A Salt Lake County municipal attorney may not represent criminal defendants in other jurisdictions.

Continue reading "EAOC 048 - A Salt Lake County municipal attorney may not represent criminal defendants in other jurisdictions. [Modified or overruled by Opinion No. 126.] " »

EAOC 047 - What type of limited legal services may an attorney provide to inmates?


Approved: July 28, 1978

Summary: An attorney must proceed with utmost care in providing limited legal services to inmates. The attorney must fully inform the inmate of the exact nature of the representation and must warn the State of Utah and its officials that they have no influence over the nature of the advice.

Continue reading "EAOC 047 - What type of limited legal services may an attorney provide to inmates?" »

EAOC 046 An attorney candidate for political office may not use the endorsement of a judge, but may use the endorsement of a client

Approved: July 28, 1978

Summary: An attorney candidate for political office may not use endorsement statements of a judge. But an attorney may use an endorsement of a former client if it is used for the sole purpose of garnering votes and if the endorsements are done in a dignified manner.

Continue reading "EAOC 046 An attorney candidate for political office may not use the endorsement of a judge, but may use the endorsement of a client" »

EAOC 045 - A practicing attorney with an interest in a collection company

Approved: July 28, 1978

Summary: An attorney may own stock in or have an interest in a collection company but if he has an interest he may not represent the company in law suits to collect on assigned accounts.

Continue reading "EAOC 045 - A practicing attorney with an interest in a collection company" »

March 16, 1978

EAOC 044 - An attorney may not enter into a settlement agreement without client authorization

Approved: March 10, 1978

Summary: Attorneys may not enter into a settlement agreement without client authorization.

Continue reading "EAOC 044 - An attorney may not enter into a settlement agreement without client authorization" »

March 10, 1978

EAOC 043 - What to do with client funds held by Utah Legal Services that are not claimed and the client is not locatable? [Overruled by Opinion No. 97-01.]

Approved: March 10, 1978
[Overruled by Opinion No. 97-01]

Summary: Clients' unused cost funds that are held by the Utah Legal Services, Inc. and have not been claimed for a reasonable period of time may be donated to the legal services program provided reasonable efforts have been made to contact the clients.

Continue reading "EAOC 043 - What to do with client funds held by Utah Legal Services that are not claimed and the client is not locatable? [Overruled by Opinion No. 97-01.] " »

January 15, 1978

EAOC 042 - An attorney may not represent a plaintiff in a malpractice suit against a doctor and simultaneously represent that doctor in a Chapter XI suit

Approved: January 12, 1978

Summary: An attorney may not represent a plaintiff in a malpractice suit against a doctor and simultaneously represent that doctor in a Chapter XI suit. The dual representation creates so many conflicts that even if all parties consent after full disclosure suit representation may be improper.

Continue reading "EAOC 042 - An attorney may not represent a plaintiff in a malpractice suit against a doctor and simultaneously represent that doctor in a Chapter XI suit" »

December 23, 1977

EAOC 041 - A city attorney may not represent defendants charged with violations of city ordinances but may represent private clients against non-city clients. [Modified or overruled by Opinion No. 126.]

Approved: December 22, 1977
[Modified or overruled by Opinion No. 126]

Summary: A part time city attorney may not represent defendants charged with violations of city ordinances but he may represent private clients against non-city clients.

Continue reading "EAOC 041 - A city attorney may not represent defendants charged with violations of city ordinances but may represent private clients against non-city clients. [Modified or overruled by Opinion No. 126.]" »

December 22, 1977

EAOC 040 - An attorney may not represent a client who seeks to sue a corporation which formerly employed the attorney as general counsel

Approved: December 22, 1977

Summary: An attorney may not represent a client who seeks to sue a corporation which formerly employed the attorney as general counsel.

Continue reading "EAOC 040 - An attorney may not represent a client who seeks to sue a corporation which formerly employed the attorney as general counsel" »

December 12, 1977

EAOC 039 - Can Legal Aid collect attorney's fees from opponent


Approved: December 12, 1977

Summary: A Legal Aid Society can collect awarded attorney's fees for clients from clients opponents if the fees become collectible, provided the fees are paid to the society and not to the individual attorney.

Continue reading "EAOC 039 - Can Legal Aid collect attorney's fees from opponent" »

September 15, 1977

EAOC 038 - The use of "Salt Lake Legal Clinic" as a firm name

Approved: August 29, 1977

Summary: It is improper to use the designation "Salt Lake Legal Clinic" for a law office.

Continue reading "EAOC 038 - The use of "Salt Lake Legal Clinic" as a firm name" »

September 3, 1977

EAOC 037 - An attorney may not represent a client before a county commission or defend a client in an alleged misdemeanor violation of a county ordinance when the attorney's partner is a county attorney


Approved: May 3, 1977

Summary: An attorney may not represent a client before a county commission or defend a client in an alleged misdemeanor violation of county ordinance when the attorney's partner is a deputy county attorney.

Continue reading "EAOC 037 - An attorney may not represent a client before a county commission or defend a client in an alleged misdemeanor violation of a county ordinance when the attorney's partner is a county attorney" »

August 29, 1977

EAOC 036 - Distributing flyers


Approved: August 29, 1977

Summary: A lawyer may not distribute flyers with information about his fees, practices and philosophy in probate matters.

Continue reading "EAOC 036 - Distributing flyers" »

January 27, 1977

EAOC 035 - Defense counsel office sharing offices with city or county attorneys

Approved: January 27, 1977

Summary: If one lawyer in an office cannot act as defense counsel in a particular court because of a position as city or county attorney, other lawyers in that office are also disqualified.

Continue reading "EAOC 035 - Defense counsel office sharing offices with city or county attorneys" »

December 30, 1976

EAOC 034 - It is improper for lawyers to hold themselves out as partners where no partnership exists, etc

Approved: December 30, 1976

Summary: It is improper for lawyers to hold themselves out as partners where no partnership relationship exists.

Continue reading "EAOC 034 - It is improper for lawyers to hold themselves out as partners where no partnership exists, etc " »

EAOC 033 - A business card

Approved: December 30, 1976

Summary: A business card describing an attorney as "General Counsel" or "Counsel" is proper.

Continue reading "EAOC 033 - A business card" »

December 14, 1976

EAOC 032 - An attorney may not allow his named to be placed on a list circulated to members of a non-profit association organized for the purpose of providing legal services and may not associate with California firms for that purpose

Approved: December 10, 1076

Summary: An attorney may not allow his name to be placed on a list circulated to members of a nonprofit association organized for the purpose of providing legal services and may not associate with California firms for that purpose.

Continue reading "EAOC 032 - An attorney may not allow his named to be placed on a list circulated to members of a non-profit association organized for the purpose of providing legal services and may not associate with California firms for that purpose" »

December 10, 1976

EAOC 031 - An attorney retained as corporate counsel may not reveal client confidences before a grand jury

Approved: December 10, 1976

Summary: An attorney retained as corporate counsel may not reveal client confidences before a grand jury.

Continue reading "EAOC 031 - An attorney retained as corporate counsel may not reveal client confidences before a grand jury" »

October 25, 1976

EAOC 030 - A practicing attorney who is also the president of a title company

Approved: October 14, 1976

Summary: A practicing attorney who is also the president of a title company must comply with the Code of Professional Responsibility in both occupations. F328 is adopted.

Continue reading "EAOC 030 - A practicing attorney who is also the president of a title company" »

October 24, 1976

EAOC 029 - An attorney may not represent a client in a suit against a former client when the suit involves the same subject matter


Approved: October 24, 1976

Summary: An attorney may not represent a client in a suit against a former client when the suit involves the same subject matter.

Continue reading "EAOC 029 - An attorney may not represent a client in a suit against a former client when the suit involves the same subject matter" »

EAOC 028 - A lawyer should withdraw as counsel when the law firm may be called as a witness


Approved: October 24, 1976

Summary: A lawyer or law firm should withdraw as counsel in a case in which the lawyer or a member of the law firm may be called as a witness, unless there are exceptional circumstances, requiring representation by a particular lawyer or law firm.

Continue reading "EAOC 028 - A lawyer should withdraw as counsel when the law firm may be called as a witness" »

August 16, 1976

EAOC 027 - An attorney may sue a client who pays by check which is dishonored

Approved: August 16, 1976

Summary: A lawyer may sue a client who pays with a postdated check which is later dishonored.

Continue reading "EAOC 027 - An attorney may sue a client who pays by check which is dishonored" »

May 11, 1976

EAOC 026 - A pro-tem judge may not act as criminal defense counsel in the same court


Approved: May 11, 1976

Summary: A pro-tem judge may not act as criminal defense counsel in the same court.

Continue reading "EAOC 026 - A pro-tem judge may not act as criminal defense counsel in the same court" »

EAOC 025 - A law firm cannot represent criminal defendants in municipal court where the law firm acts as city attorney. [Modified or overruled by Opinion No. 126.]

Approved: May 11, 1976
[Modified or overruled by Opinion No. 126]

Summary: It is improper for members of a law firm to represent criminal defendants in municipal court where the law firm acts as a special city attorney.

Continue reading "EAOC 025 - A law firm cannot represent criminal defendants in municipal court where the law firm acts as city attorney. [Modified or overruled by Opinion No. 126.]" »

March 15, 1976

EAOC 024 - A criminal felony deputy attorney may serve a protem judge in misdemeanor matters in a different county

Approved: March 15, 1976

Summary: A criminal-felony deputy attorney may serve as a protem judge in misdemeanor matters in a different county.

Continue reading "EAOC 024 - A criminal felony deputy attorney may serve a protem judge in misdemeanor matters in a different county" »

August 22, 1975

EAOC 023 - An attorney's announcement card may include past positions of an attorney but not the nature of his employment

Approved August 22, 1975

Summary: An attorney's announcement card may include past positions of an attorney but not the nature of his employment.

Comments: But see In re Utah State Bar Petition, 647 P.2d 991 (1982) which may have modified this opinion.

Continue reading "EAOC 023 - An attorney's announcement card may include past positions of an attorney but not the nature of his employment" »

May 8, 1975

EAOC 022 - A county attorney may not represent criminal defendants

Approved: June 18, 1975

Summary: It is improper for a county attorney or his associates to represent criminal defendants.

Comments: See Utah Opinions 6 and 10.

Facts: Your inquiry is founded upon the following statement of the problem as set forth in your letter:

Continue reading "EAOC 022 - A county attorney may not represent criminal defendants" »

February 19, 1975

EAOC 021- Credit cards as payment for attorney's fees. [Modified by Opinion No. 97-06 ]

Approved: February 19, 1975

[Modified by Opinion No. 97-06]

Summary: Credit cards may be used to finance attorney's fees under certain circumstances.

Continue reading "EAOC 021- Credit cards as payment for attorney's fees. [Modified by Opinion No. 97-06 ]" »

April 12, 1974

EAOC 020 - A justice of the peace appearing in court matters


Approved: April 12, 1974

Summary: An attorney who is a justice of the peace may appear in city court, district court, juvenile court and federal court matters, absent any conflict of interest, but should not appear in criminal matters and must exercise great caution and circumspection to avoid even the appearance of impropriety.

Continue reading "EAOC 020 - A justice of the peace appearing in court matters" »

April 2, 1974

EAOC 019 - Complicated conflict of interest question.

Approved: April 12, 1974

Summary: Except for consent after full disclosure by both parties, an attorney may not represent a client in a law suit brought by another of the attorney's clients, even though the second client has not sought the attorney's advice in the instant matter. If the client bringing the action agrees to dismissal of the claim of the other client without a prior appearance by the attorney, the attorney can then represent the second client in a cross-complaint brought by the co-defendant.

Continue reading "EAOC 019 - Complicated conflict of interest question." »

February 23, 1974

EAOC 018 - Attorney contact with opposing client who is represented by counsel

Approved: February 23, 1974

Summary: An attorney may not send a copy of a letter, which was sent to opposing counsel, to the client of opposing counsel in regard to the need for answers to interrogatories.

Continue reading "EAOC 018 - Attorney contact with opposing client who is represented by counsel" »

November 28, 1973

EAOC 017 - A practicing attorney engaged in a real estate business

Approved: November 28, 1973

Summary: A practicing attorney who also engages in a real estate business is held to the ethical standards of a lawyer in both occupations.

Comments: See Utah Opinions 5 and 30.

Continue reading "EAOC 017 - A practicing attorney engaged in a real estate business" »

October 12, 1973

EAOC 016 - A county attorney mat not represent persons accused of crimes in other states

Approved: October 12, 1973

Summary: A county attorney may not represent persons accused of crimes in other states but may make available to the attorney retained in the other state information developed in the private civil case which the county attorney worked on.

Continue reading "EAOC 016 - A county attorney mat not represent persons accused of crimes in other states" »

EAOC 015 - A county attorney may not accept employment in a civil matter where he had previously determined as county attorney that there was not sufficient cause to bring criminal charges in the same matter

Approved: October 12, 1973

Summary: A county attorney may not accept employment in a civil matter where he had previously determined as county attorney that there was not sufficient cause to bring criminal charges in the same matter.

Continue reading "EAOC 015 - A county attorney may not accept employment in a civil matter where he had previously determined as county attorney that there was not sufficient cause to bring criminal charges in the same matter" »

EAOC 014 - Legal research services offered through a Utah corporation constitutes three unauthorized practice of law

Approved: October 12, 1973

Summary: Legal research services offered through a Utah corporation would constitute unauthorized practice of law. However, research services might be available through lawyers of a professional corporation.

Continue reading "EAOC 014 - Legal research services offered through a Utah corporation constitutes three unauthorized practice of law" »

July 15, 1973

EAOC 013 - It is improper for a law firm to schedule a party for clients honoring significant anniversary dates.

Approved: August 15, 1973

Summary: It is improper for a law firm to schedule a party for clients honoring significant anniversary dates.

Continue reading "EAOC 013 - It is improper for a law firm to schedule a party for clients honoring significant anniversary dates." »

EAOC 012 - Attorneys may not be members of barter type exchanges. [Overruled by Opinion No. 97-05.]

Approved: August 15, 1973

[Overruled by Opinion No. 97-05]

Summary: Attorneys may not be members of barter type exchanges in which they barter their services for other professional services.

Continue reading "EAOC 012 - Attorneys may not be members of barter type exchanges. [Overruled by Opinion No. 97-05.]" »

February 3, 1973

EAOC 011 - Conflicts of interest within the Utah Legal Defenders Office

Approved: February 3, 1973

Summary: Where an actual conflict of interest exists between two defendants charged with the same crime, the Utah Legal Defenders' office may not represent both through assignment of different counsel.

Continue reading "EAOC 011 - Conflicts of interest within the Utah Legal Defenders Office" »

June 7, 1972

EAOC 010 - Municipal attorneys in sparsely populated areas of Utah may represent criminal defendants in other municipalities. [Modified or overruled by Opinion No. 126]

Approved: July 7, 1972

[Modified or overruled by Opinion No. 126]

Summary: Municipal attorneys in sparsely populated areas of Utah may represent criminal defendants in other municipalities.

Continue reading "EAOC 010 - Municipal attorneys in sparsely populated areas of Utah may represent criminal defendants in other municipalities. [Modified or overruled by Opinion No. 126]" »

EAOC 009 - An assistant attorney general may represent a client in a civil matter before a municipality

Approved: June 7, 1972

Summary: A special assistant attorney general may represent a client in a civil matter before a municipality.

Continue reading "EAOC 009 - An assistant attorney general may represent a client in a civil matter before a municipality" »

April 21, 1972

EAOC 008 - Referring delinquent accounts to collection.

Approved: April 21, 1972

Summary: An attorney may refer a delinquent account to a collection agency if justified under EC 2-23.

Continue reading "EAOC 008 - Referring delinquent accounts to collection." »

March 31, 1972

EAOC 007 - A deputy attorney whose position involves tax matters should not represent private clients in federal tax matters.

Approved: March 31, 1972

Summary: It is improper for a deputy attorney whose position involves work in tax matters to represent private clients in federal tax matters.

Continue reading "EAOC 007 - A deputy attorney whose position involves tax matters should not represent private clients in federal tax matters." »

January 13, 1972

EAOC 006 - A city prosecutor should not defend criminal defendants in other jurisdictions unless assigned to do so by the court. [Modified or overruled by Opinion No. 126.]

Approved: January 13, 1972

[Modified or overruled by Opinion No. 126]

Summary: A city attorney whose position includes prosecutions may not defend those charged with misdemeanors and criminal offenses in other jurisdictions unless he is assigned to do so by the court.

Continue reading "EAOC 006 - A city prosecutor should not defend criminal defendants in other jurisdictions unless assigned to do so by the court. [Modified or overruled by Opinion No. 126.]" »

EAOC 005 - A practicing attorney selling life insurance.

Approved: January 13, 1972

Summary: A practicing attorney who sells life insurance faces solicitation and conflict of interest problems and is held to the ethical standards of an attorney in both professions.

Continue reading "EAOC 005 - A practicing attorney selling life insurance." »

December 10, 1971

EAOC 004 - May a partner of a deputy district attorney defend any client in a criminal case which the deputy district attorney may not handle himself


Approved: December 1971

Summary: It is improper for the partner of a deputy district attorney to defend any client in a criminal case which the deputy district attorney may not handle himself.

Continue reading "EAOC 004 - May a partner of a deputy district attorney defend any client in a criminal case which the deputy district attorney may not handle himself " »

EAOC 003 - An attorney general or county attorney should not represent clients against the state in civil matters

Approved: 1971

Summary: A special assistant attorney general should not represent clients in civil matters against the state unless both parties consent after full disclosure.

Continue reading "EAOC 003 - An attorney general or county attorney should not represent clients against the state in civil matters" »

February 1, 1970

EAOC 002 - May a criminal practitioner accept employment to recover stolen property?

Approved: October 23, 1970

Summary: An attorney who primarily practices criminal law may accept employment seeking to recover stolen property under certain circumstances.

Continue reading "EAOC 002 - May a criminal practitioner accept employment to recover stolen property?" »

February 1, 1965

EAOC 001 - Deputy county attorneys should not be assigned to represent indigent defendants in other counties.

Approved: February 1, 1965

Summary: Deputy county attorneys should not be assigned to represent indigent defendants in other counties.

Continue reading "EAOC 001 - Deputy county attorneys should not be assigned to represent indigent defendants in other counties." »

About Opinions Issued Before Adoption of Utah R.P.C

This page contains an archive of all entries posted to Ethics Advisory Opinions in the Opinions Issued Before Adoption of Utah R.P.C category. They are listed from oldest to newest.

Opinions Published in 1995 is the next category.

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

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