Ethics Advisory Opinions

Issued January 26, 2001

¶ 1 Issue: Under the Utah Rules of Professional Conduct, may an attorney representing a client in a divorce case assert a statutory attorney’s lien under Utah Code Ann. § 78-54-41 against property awarded to the client in the divorce settlement?

(Issued February 21, 2001)

¶ 1 Issue: Does a lawyer violate the Utah Rules of Professional Conduct if he agrees to discount his fees to a client until a referral fee initially charged to the client by a lawyer-referral service is reimbursed to the client?

Issued March 21, 2001

¶ 1 Issue: What are the ethical considerations where a lawyer seeks to disqualify a judge from a case by associating a lawyer from the judge’s prior private law firm and intentionally creating a circumstance in which the judge may conclude that he must recuse himself from the case?

Issued May 10, 2001

¶ 1 Issue: Is it ethical for lawyers to charge clients an annual fee for estate planning and asset-protection legal services based on a percentage of the value of the assets involved?

Issued July 13, 2001

¶1. Issue: What are the ethical implications for a real estate broker who includes in his promotional material that he is also a lawyer?

Issued August 29, 2001

¶ 1. Issue: Is it a violation of the ethical rules for an attorney or law firm to use trade names such as “Legal Center for the Wrongfully Accused” or “Legal Center for Victims of Domestic Violence” in selected court pleadings?

Issued June 12, 2002

¶1. Issue: May a private practitioner who serves as a part-time county attorney represent private clients in connection with protective-order hearings?