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3.4. Fairness to opposing party and counsel Archives

January 6, 2006

06-04 May a current or former client’s access to information in his client file in a criminal matter be restricted by his attorney?

Issued December 8, 2006

1. Issue: May a current or former client’s access to information in his client file in a criminal matter be restricted by his attorney?

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January 4, 2004

04-04 - In litigation to enforce an oral contract allegedly made by a corporate defendant’s former employee on behalf of the corporation, where the former employee was not a member of the control group, may the plaintiff’s attorney contact the ex-employee

August 25, 2004

1 Issue: In litigation to enforce an oral contract allegedly made by a corporate defendant’s former employee on behalf of the corporation, where the former employee was not a member of the control group, may the plaintiff’s attorney contact the ex-employee without the consent of the corporate defendant’s attorney?

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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?

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December 29, 1999

99-03R - Opinion on rehearing, affirming the holding and conclusion of Opinion No. 99-03

(Approved October 29, 1999)

On May 28, 1999, the Utah State Bar Board of Bar Commissioners (the Commission) approved Utah Ethics Advisory Opinion No. 99-03,1which held that nothing in the Utah Rules of Professional Conduct prohibits a defense lawyer from making an ex parte contact with plaintiff's treating physician in a personal-injury or medical-malpractice matter.

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December 28, 1999

99-06 - As part of a criminal plea bargain agreement in a DUI case, may either the prosecuting attorney or the defense lawyer seek the concurrence of the investigating police officer not to respond to a subpoena lawfully issued by the Utah Driver Licens

(Approved August 27, 1999)

Issue: As a part of a criminal plea bargain agreement in a DUI case, may either the prosecuting attorney or the defense lawyer seek the concurrence of the investigating police officer not to respond to a subpoena lawfully issued by the Utah Driver License Division in connection with the related driver-license revocation hearing, a state administrative proceeding?

Continue reading "99-06 - As part of a criminal plea bargain agreement in a DUI case, may either the prosecuting attorney or the defense lawyer seek the concurrence of the investigating police officer not to respond to a subpoena lawfully issued by the Utah Driver Licens" »

About 3.4. Fairness to opposing party and counsel

This page contains an archive of all entries posted to Ethics Advisory Opinions in the 3.4. Fairness to opposing party and counsel category. They are listed from oldest to newest.

3.3. Candor toward the tribunal is the previous category.

3.7. Lawyer as witness is the next category.

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

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