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Rule 1.4 Proposed Amendment - Disclosure of Malpractice Insurance

Rule 1.4 Proposed Amendment - Disclosure of Malpractice Insurance

Rule 1.4. Communication.

(a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.

(b) A lawyer shall explain a matter to the extent reasonably necessary to enable the client to make informed decisions regarding the representation.

(c) If a lawyer does not have professional liability insurance with limits of at least $100,000, a lawyer shall disclose this in writing to clients in the written fee disclosure provided to the client pursuant to Rule 1.5 and to the Utah State Bar in the annual licensing form.

(d) If, during the course of representation, the insurance policy lapses or is terminated, a lawyer shall promptly notify clients and the Utah State Bar in writing.

(e) This disclosure requirement does not apply to lawyers who are on inactive status, in-house counsel or government lawyers, who do not represent clients outside their official capacity or in-house employment.

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