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Opinions Published in 1997 Archives

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?

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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.

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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?

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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?

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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?

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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?

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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?

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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?

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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 Opinions Published in 1997

This page contains an archive of all entries posted to Ethics Advisory Opinions in the Opinions Published in 1997 category. They are listed from oldest to newest.

Opinions Published in 1996 is the previous category.

Opinions Published in 1998 is the next category.

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