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1.8. Conflict of Interest: Current Clients: Specific Rules 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" »

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?" »

January 4, 2004

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" »

January 4, 2002

02-03 - What are the ethical obligations of an insurance defense lawyer with respect to insurance company guidelines and flat-fee arrangements?

(Issued February 27, 2002)

¶ 1 Issue: What are the ethical obligations of an insurance defense lawyer with respect to insurance company guidelines and flat-fee arrangements?

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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?

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01-01 - 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 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?

Continue reading "01-01 - 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? " »

December 28, 1998

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?

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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?" »

About 1.8. Conflict of Interest: Current Clients: Specific Rules

This page contains an archive of all entries posted to Ethics Advisory Opinions in the 1.8. Conflict of Interest: Current Clients: Specific Rules category. They are listed from oldest to newest.

1.7. Conflict of Interest: Current Clients is the previous category.

1.9. Duties to Former Clients is the next category.

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

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