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1.7. Conflict of Interest: Current Clients Archives

January 6, 2008

08-01 - May an attorney provide legal assistance to litigants appearing before a tribunal pro se and prepare written submissions for them without disclosing the nature or extent of such assistance? If so, what are the attorney’s obligations when full repr

OPINION NO. 08-01
MAIN OPINION:
For Dissent Opinion click here>>>

Issued April 8, 2008

1. Issue: May an attorney provide legal assistance to litigants appearing before a tribunal pro se and prepare written submissions for them without disclosing the nature or extent of such assistance? If so, what are the attorney’s obligations when full representation is not undertaken?

Continue reading "08-01 - May an attorney provide legal assistance to litigants appearing before a tribunal pro se and prepare written submissions for them without disclosing the nature or extent of such assistance? If so, what are the attorney’s obligations when full repr" »

08-02 - Under what circumstances may an attorney who has represented a party in conjunction with a proceeding to appoint a guardian for an adult incapacitated person represent the guardian that is subsequently appointed as a result of that proceeding?

UTAH STATE BAR
ETHICS ADVISORY OPINION COMMITTEE
Opinion No. 08-02
Issued March 11, 2008


¶ 1. Issue:
Under what circumstances may an attorney who has represented a party in conjunction with a proceeding to appoint a guardian for an adult incapacitated person represent the guardian that is subsequently appointed as a result of that proceeding?

Continue reading "08-02 - Under what circumstances may an attorney who has represented a party in conjunction with a proceeding to appoint a guardian for an adult incapacitated person represent the guardian that is subsequently appointed as a result of that proceeding? " »

January 6, 2006

06-01 - May members of the County Attorney’s Office provide pro bono legal assistance to victims of domestic violence in seeking civil protective orders? If so, is it thereafter permissible for the County Attorney’s Office to prosecute the subsequent v

June 2, 2006

Issue: May members of the County Attorney’s Office provide pro bono legal assistance to victims of domestic violence in seeking civil protective orders?

If so, is it thereafter permissible for the County Attorney’s Office to prosecute the subsequent violation of the protective order?

Continue reading "06-01 - May members of the County Attorney’s Office provide pro bono legal assistance to victims of domestic violence in seeking civil protective orders? If so, is it thereafter permissible for the County Attorney’s Office to prosecute the subsequent v" »

06-03 - Under what circumstances may a Utah lawyer be personally involved in a lending transaction to finance a client’s cause of action or obtain funds for the payment of the lawyer’s legal fees and expenses?

Issued December 8, 2006
1. Issue:
Under what circumstances may a Utah lawyer be personally involved in a lending transaction to finance a client’s cause of action or obtain funds for the payment of the lawyer’s legal fees and expenses?

Continue reading "06-03 - Under what circumstances may a Utah lawyer be personally involved in a lending transaction to finance a client’s cause of action or obtain funds for the payment of the lawyer’s legal fees and expenses?" »

06-05 - Do the Utah Rules of Professional Conduct preclude a lawyer from participating in an ad hoc legal advisory group to a private, nonprofit, public interest legal organization, if the persons served by the legal services organization have interests a

Issued December 30, 2006

1 Issue: Do the Utah Rules of Professional Conduct1 preclude a lawyer from participating in an ad hoc legal advisory group to a private, nonprofit, public interest legal organization, if the persons served by the legal services organization have interests adverse to the interests of a client of the lawyer or the lawyer’s law firm?

Continue reading "06-05 - Do the Utah Rules of Professional Conduct preclude a lawyer from participating in an ad hoc legal advisory group to a private, nonprofit, public interest legal organization, if the persons served by the legal services organization have interests a" »

January 6, 2005

05-03 - May a lawyer who serves as a domestic relations mediator, following a successful mediation, draft the settlement agreement and necessary court pleadings to obtain a divorce for the parties?

September 30, 2005

HISTORY: On May 6, 2005, the Utah Ethics Advisory Opinion Committee issued Utah Ethics Advisory Op. No. 05-03, 2005 WL 4748681 (Utah St. Bar). The Requestors of the Opinion filed a Petition for Review with the Board of Bar Commissioners pursuant § III(e)(1) of the Ethics Advisory Opinion Committee Rules of Procedure and § VI(a)(1) of the Utah State Bar Rules Governing the Ethics Advisory Opinion Committee. At a meeting of the Board of Bar Commissioners of the Utah State Bar on July 13, 2005, the Commission reviewed the conclusions and analysis of the majority view and the minority view of Opinion No. 05-03, and voted to issue a revised opinion, set forth below as Opinion No. 05-03. The initial Opinion No. 05-03 as originally issued by the Committee is appended in its entirety for historical reference only and should not be cited or used for purposes other than background.

1. Issue: May a lawyer who serves as a domestic relations mediator, following a successful mediation, draft the settlement agreement and necessary court pleadings to obtain a divorce for the parties?

Continue reading "05-03 - May a lawyer who serves as a domestic relations mediator, following a successful mediation, draft the settlement agreement and necessary court pleadings to obtain a divorce for the parties?" »

January 4, 2004

04-02 - May a plaintiff’s lawyer continue to represent the plaintiff in a legal malpractice action when opposing counsel has announced an intention to call plaintiff’s lawyer as a witness?

April 19, 2004

¶1 ISSUE: May a plaintiff’s lawyer continue to represent the plaintiff in a legal malpractice action when opposing counsel has announced an intention to call plaintiff’s lawyer as a witness?

Continue reading "04-02 - May a plaintiff’s lawyer continue to represent the plaintiff in a legal malpractice action when opposing counsel has announced an intention to call plaintiff’s lawyer as a witness? " »

04-01a - What action, if any, may a lawyer for an employer ethically undertake on behalf of a vanished former employee who, along with the employer, has been named as a defendant in an action arising when the person was an employee?

December 2, 2004

Amendment of Opinion No. 04-01: On March 29, 2004, the Utah Ethics Advisory Opinion Committee issued Utah Ethics Advisory Op. No. 04-01, 2004 WL 870583 (Utah St. Bar).1 The Office of Professional Conduct of the Utah State Bar filed a petition for review with the Board of Bar Commissioners pursuant to § III(e)(1) of the Ethics Advisory Opinion Committee Rules of Procedure and § VI(a)(1) of the Utah State Bar Rules Governing the Ethics Advisory Opinion Committee. The Commission asked the Committee to reconsider Opinion No. 04-01. Having reviewed the issues raised by the Office of Professional Conduct, we issue this amended opinion, which revises the conclusion and analysis of Opinion No. 04-01. Accordingly, this amended opinion replaces and supersedes Opinion No. 04-01.

Issue: What action, if any, may a lawyer for an employer ethically undertake on behalf of a vanished former employee who, along with the employer, has been named as a defendant in an action arising when the person was an employee?

Continue reading "04-01a - What action, if any, may a lawyer for an employer ethically undertake on behalf of a vanished former employee who, along with the employer, has been named as a defendant in an action arising when the person was an employee?" »

04-05 - Do the Utah Rules of Professional Conduct preclude a lawyer from forming a cooperative organization that offers certain non-legal, but law-related, services such as trust administration and investment management; referring clients to that organiza

December 2, 2004

Issue: Do the Utah Rules of Professional Conduct preclude a lawyer from forming a cooperative organization that offers certain non-legal, but law-related, services such as trust administration and investment management; referring clients to that organization; and participating in the organization’s profit sharing?

Continue reading "04-05 - Do the Utah Rules of Professional Conduct preclude a lawyer from forming a cooperative organization that offers certain non-legal, but law-related, services such as trust administration and investment management; referring clients to that organiza" »

04-06 - Under what circumstances is it permissible for corporate counsel to assert that counsel concurrently represents present and former corporate employees whose testimony is relevant to a claim and ethically preclude opposing counsel's access to those

December 2, 2004

Issue: Under what circumstances is it permissible for corporate counsel to assert that counsel concurrently represents present and former corporate employees whose testimony is relevant to a claim and ethically preclude opposing counsel’s access to those corporate employee witnesses?

Continue reading "04-06 - Under what circumstances is it permissible for corporate counsel to assert that counsel concurrently represents present and former corporate employees whose testimony is relevant to a claim and ethically preclude opposing counsel's access to those" »

January 4, 2002

02-08 - An attorney filed a complaint with the Judicial Conduct Commission against a judge. The complaint was eventually dismissed for insufficient evidence with no finding of misconduct. May the attorney accept new cases as counsel and appear before th

Issued September 18, 2002

¶ 1 Issue: An attorney filed a complaint with the Judicial Conduct Commission against a judge. The complaint was eventually dismissed for insufficient evidence with no finding of misconduct. May the attorney accept new cases as counsel and appear before that judge without advising the clients of the complaint and without giving them the option of the attorney filing a motion for recusal?

Continue reading "02-08 - An attorney filed a complaint with the Judicial Conduct Commission against a judge. The complaint was eventually dismissed for insufficient evidence with no finding of misconduct. May the attorney accept new cases as counsel and appear before th" »

02-09 - Is it ethical for an attorney to enter into a contingency-fee agreement, under which all fees, expenses and costs of litigation are unconditionally assumed by the attorney?

Issued September 24, 2002

¶ 1 Issue: Is it ethical for an attorney to enter into a contingency-fee agreement, under which all fees, expenses and costs of litigation are unconditionally assumed by the attorney?

Continue reading "02-09 - Is it ethical for an attorney to enter into a contingency-fee agreement, under which all fees, expenses and costs of litigation are unconditionally assumed by the attorney?" »

December 4, 2001

01-06A - May a private practitioner who serves as a part-time county attorney represent private clients in connection with protective-order hearings? This Opinion is an updated version of the previous 01-06 Opinion

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?

Continue reading "01-06A - May a private practitioner who serves as a part-time county attorney represent private clients in connection with protective-order hearings? This Opinion is an updated version of the previous 01-06 Opinion" »

December 29, 1999

99-05 - 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 Ge

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?

Continue reading "99-05 - 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 Ge" »

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?" »

98-06 - 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" »

98-10 - 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" »

98-13 - 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?" »

December 18, 1997

96-06 - What are the ethical obligations if an attorney undertakes representation of a client when the attorney is not able to communicate directly with the client in a language clearly understood by that client?

(Approved July 3, 1996)

Issue: What are the ethical obligations if an attorney undertakes representation of a client when the attorney is not able to communicate directly with the client in a language clearly understood by that client?

Continue reading "96-06 - What are the ethical obligations if an attorney undertakes representation of a client when the attorney is not able to communicate directly with the client in a language clearly understood by that client?" »

96-07 - What are the ethical implications of federal funding reductions and practice restrictions to Utah Legal Services lawyers?

(Approved August 30, 1996)

Issue: What are the ethical implications of federal funding reductions and practice restrictions to Utah Legal Services lawyers?

Continue reading "96-07 - What are the ethical implications of federal funding reductions and practice restrictions to Utah Legal Services lawyers?" »

96-11 - May an attorney appointed to represent both the mother and father in an abuse/neglect proceeding continue to represent one of the parents after an actual or potential conflict between the two parents arises?

(Approved January 24, 1997)

Issue: May an attorney appointed to represent both the mother and father in an abuse/neglect proceeding continue to represent one of the parents after an actual or potential conflict between the two parents arises?

Continue reading "96-11 - May an attorney appointed to represent both the mother and father in an abuse/neglect proceeding continue to represent one of the parents after an actual or potential conflict between the two parents arises?" »

96-12 - Is it ethical for an attorney to charge for legal advice given to callers using a "1-900 number" that would automatically bill the caller on a per-minute basis?

(Approved January 24, 1997)

Issue: Is it ethical for an attorney to charge for legal advice given to callers using a "1-900 number" that would automatically bill the caller on a per-minute basis?

Continue reading "96-12 - Is it ethical for an attorney to charge for legal advice given to callers using a "1-900 number" that would automatically bill the caller on a per-minute basis?" »

December 18, 1996

95-02A - May a law partner of a part-time justice court judge represent criminal defendants in the judicial district in which the justice of the peace sits?

(Approved January 26,1996)

Issue: May a law partner of a part-time justice court judge represent criminal defendants in the judicial district in which the justice of the peace sits?

Continue reading "95-02A - May a law partner of a part-time justice court judge represent criminal defendants in the judicial district in which the justice of the peace sits? " »

95-03 - May a private attorney who is a part-time city prosecutor on a contract basis represent a defendant in a civil contempt proceeding?

(Approved April 28, 1995)

Issue: Is a private attorney who is a part-time city prosecutor for a city on a contract basis precluded from representing a defendant in a civil contempt proceeding?

Continue reading "95-03 - May a private attorney who is a part-time city prosecutor on a contract basis represent a defendant in a civil contempt proceeding?" »

About 1.7. Conflict of Interest: Current Clients

This page contains an archive of all entries posted to Ethics Advisory Opinions in the 1.7. Conflict of Interest: Current Clients category. They are listed from oldest to newest.

1.6. Confidentiality of information is the previous category.

1.8. Conflict of Interest: Current Clients: Specific Rules is the next category.

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