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?

Would it be permissible for the County Attorney’s Office to provide such legal assistance to victims of domestic violence as a governmental service and thereafter prosecute subsequent violations of the protective order if the civil division of the office assisted in the civil protective order and the criminal division in any subsequent prosecution?

4.2, 3.4 , 4.3 , 8.4

Year 2003 Opinions

Rules Applied

03-02

What are the ethical responsibilities of a plaintiff’s lawyer who reasonably believes a health-care provider that he deals with on a recurring basis may be charging his clients and prospective clients for services not actually rendered?

1.6

Year 2002 Opinions

Rules Applied

02-01

Do the Utah Rules of Professional Conduct preclude a Utah lawyer from financing litigation costs through a loan from a third-party lending institution, if (a) the lawyer is obligated to repay the loan and (b) the client, by separate agreement with the lawyer, is obligated to reimburse the lawyer for such costs?

5.4(a)

02-02

To what extent does the recent amendment to Utah Rules of Professional Conduct 1.4(c) affect a lawyer's or law firm's newsletters and "alerts" to clients and prospective clients, brochures provided at public seminars, promotional items provided at seminars and other events, and web-site information?

1.4(c)

02-03

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

1.12, 1.4(b), 1.5, 1.8(f), 5.4(c)

02-04

May a lawyer, who is also a certified public accountant employed by an accounting firm, contemporaneously conduct from an office at the accounting firm public accounting services as an employee of the accounting firm and a law practice independent from the accounting firm without violating the Utah Rules of Professional Conduct?

5.4(a), Model Rule 5.7. (Utah has not adopted Model Rule 5.7.)

02-05

What are the ethical considerations for a governmental lawyer who participates in lawful covert governmental operation, such as a law enforcement investigation of suspected illegal activity or an intelligence gathering activity, when the covert operation entails conduct employing dishonesty, fraud, misrepresentation or deceit?

8.4(c)

02-06

May an attorney represent a client in a criminal matter where the attorney will have to cross-examine as an adverse witness a former client whom the attorney previously represented in an unrelated matter?

1.9(a), 1.9(b)

02-07

May a Utah lawyer (a) hire a paralegal, not otherwise associated with the lawyer or the lawyer's firm, as an independent contractor, or (b) compensate an employee paralegal or other firm employee based on a percentage of the lawyer's fees?

5.4

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 that judge without advising the clients of the complaint and without giving them the option of the attorney filing a motion for recusal?

1.4(b),
1.7(b)

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?

1.5, 1.7,
1.8(e)

02-10

May a lawyer review pleadings prepared by a non-lawyer mediator for simple, uncontested divorces and advise the mediator on how to modify the pleadings for filing in court?

5.5, 1.12,
1.1

Year 2001 Opinions

Rules Applied

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?

1.8(a), 1.8(j)

01-02

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?

7.2(c)

01-03

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?

8.4(d)

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?

1.5(a)

01-05

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

7.1

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.

1.7(b)

01-07

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?

7.1(a)

Year 2000 Opinions

Rules Applied

00-01

What are the ethical obligations of a lawyer to protect  client confidentiality in the use of Internet e-mail communications?

1.6

00-02

May a Utah lawyer ethically state on her letterhead that she is "also admitted" in another state when she is on inactive status in that state?

7.1

00-03

May a Utah lawyer who is also a real estate title officer  ethically enter into a partnership with or form a small business corporation  with a non lawyer for the purpose of assisting clients in challenging their real estate taxes?

5.4

00-04

What are a lawyer's ethical duties to a third person who claims an interest in proceeds of a personal injury settlement or award received by the lawyer?

1.15

00-05

Where a defendant is being represented by a lawyer appointed by defendant's insurance carrier prior to the entry of any judgment against the defendant, would it be ethical for plaintiff's lawyer to convey a settlement offer proposing that plaintiff take an assignment of any bad-faith claim that the defendant might have against the insurance carrier in exchange for plaintiff's agreement not to execute against defendant for amounts exceeding the insurance policy limits?

4.1, 4.2

00-06

What are the ethical obligations of an attorney who, unaware his client will lie, hears the client commit perjury or otherwise materially mislead a tribunal?

3.3

00-07

Do the Utah Rules of Professional Conduct prohibit a lawyer licensed to practice in Utah from participating in an association of lawyers that would use joint letterhead, with a disclaimer that the association "is an affiliation of independent attorneys-not a partnership?"

7.1, 7.4, 7.5

Year 1999 Opinions

Rules Applied

99-01

What are an attorney's ethical obligations when the attorney or his client has lawfully obtained an attorney-client communication between an opposing party and opposing counsel under conditions where the opposing party may not have intended to waive the attorney-client privilege?

ABA Formal Opinion 92-368

99-02

Does a lawyer who negotiates or communicates with an opposing party's legal assistant, secretary or other non-lawyer representative about substantive matters assist in the unauthorized practice of law under Utah Rule of Professional Conduct 5.5(b)?

5.3, 5.5

99-03

May a defense lawyer make ex parte contact with plaintiff's treating physician?

4.3

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

3.4

99-04

What are the ethical considerations that govern a lawyer who wishes to conduct legal seminars; provide legal information to groups of retirement-home residents; host open houses; set up information booths at trade shows; participate in Bar-sponsored question-and-answer programs; or make in-person contacts with prospective clients at the request of their friends or relatives?

7.1, 7.2, 1.4

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 General's prior to association with the Bid Committee?

1.7, 1.11

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 License Division in connection with the  related driver-license revocation hearing, a state administrative proceeding?

3.4(a), 8.4

99-07

May a lawyer refer a client to an investment advisor for investment and financial planning and take a referral fee from the commission paid by the client to the investment advisor?

1.7(b), 1.8(a)

Year 1998 Opinions

Rules Applied

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?

1.7(b)

98-02

May an attorney represent both a county and a city that lies within the jurisdiction of the county as to civil matters?

1.7

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?

1.6, 1.7, 1.8

98-04

May a private practitioner who has been appointed as special deputy county attorney to investigate and prosecute a single matter continue to represent criminal defendants in any jurisdiction in Utah?

1.10

98-05

Is it unethical for a defense attorney to offer a "full satisfaction" settlement, conditioned upon plaintiff's waiving a claim for attorneys' fees against a defendant?

1.12

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 Ann. §17-5-206 to institute suits to recover or restrain unlawful payments of county funds.

1.10, 1.13, 1.7

98-07

May the lawyer for the plaintiff in a personal-injury case directly contact the adjuster for defendant's insurer without first obtaining the consent of the defendant's attorney?

4.2

98-08

May a law firm wholly own an accounting-practice subsidiary that is staffed by employees other than the firm's lawyers and would perform services for the lawyer's clients and others?

5.7

98-09

Is the Office of Guardian ad Litem sufficiently similar to the Attorney General's Office to render it a "government agency" within the meaning of the Utah Rules of Professional Conduct, and if so, does Rule 1.10 concerning imputed disqualifications, apply to the Office of the Guardian ad Litem? Does Rule 1.11, "Successive Government and Private Employment," apply to the Office of the Guardian ad Litem?

1.10, 1.11

98-10

Is it ethical for an attorney to serve as member of the board of directors of a client corporation?

1.7

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 that govern a medical cost-recovery retainer agreement among the heirs, their attorney and the State's Office of Recovery Services (ORS)?

1.7

98-12

When a lawyer becomes aware that another lawyer has illegally used or possessed controlled substances, under what circumstances must the first lawyer report such conduct to the Utah State Bar?

8.3

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?

1.5, 1.7(b), 1.8(a)

98-14

Is it unethical for a lawyer in a divorce case to advise a client that she may obtain a protective order pro se or to allow the client to appear pro se in the protective-order case, while the lawyer continues to represent the client in the divorce proceeding?

1.1, 1.12 & 1.4

98-15

May a lawyer, who identifies himself as a lawyer, write an article or letter to the editor for a non-legal publication on (a) a legal subject or (b) a non-legal subject?

Year 1997 Opinions

97-01

What is the ethical obligation of an attorney to a client or former client, when the attorney is unable to locate the client, and the attorney is holding trust funds on behalf of that client?

1.15

97-02

Is information provided by an accused to his attorney in an initial telephone conference confidential as against a request from law enforcement authorities for such information?

1.6

97-03

May an attorney engage in a direct solicitation, by mail and for pecuniary gain, that advertises mediation and arbitration services?

1.4

97-04

May a law firm furnish lists of clients' names, addresses and telephone numbers to securities brokers, financial planners, insurance salesmen and other professionals, without receiving prior permission from the clients?

Opinion #97-02

97-05

Is it ethical for an attorney receive payment for legal services other than in money?

1.5

97-06

Under the Utah Rules of Professional Conduct, what are the ethical limitations that govern attorneys' acceptance of clients' credit cards to pay fees and costs?

1.5, 7.2

97-07

Is a lawyer, acting as a trustee under the United States Bankruptcy Code, required to maintain bankruptcy estate trust funds in a financial institution that complies with check-overdraft reporting requirements described in Rule 1.15?

1.15

97-08

May an attorney, formerly employed by a government agency; represent a private client in challenging: (1) the validity or enforceability of statutes, rules, ordinances or procedures that the attorney participated in drafting, or (2) specific contracts or easements that the attorney negotiated, drafted or reviewed for approval on behalf of the government agency?

1.11, 11(d)
11, 1.9

97-09

This opinion addresses the ethical considerations of a lawyer who plans to perform certain estate-planning legal services in conjunction with a non-lawyer estate-planning professional who is not employed or retained by the lawyer.

1.1

97-10

May an attorney advertise services on a web page or engage in other electronic advertising on the Internet?

97-11

May an attorney finance the expected costs of a case by borrowing money from a non-lawyer pursuant to a non-recourse promissory note, where the note is secured by the attorney's interest in his contingent fee in this case?

 5.4

97-12

If, through the attorney-client relationship, an attorney learns that a client has engaged in child abuse, is it an ethical violation if the attorney does not report the client's conduct purpose to Utah Code Ann. Section 62A-4a-403?

1.6(b)

Year 1996 Opinions

Rules Applied

96-01

May a lawyer representing a defendant in multiple lawsuits asserting similar claims initiate and conduct ex parte communications with former plaintiffs who have settled their claims?

4.2, 4.3, 4.4

96-02

How long must an attorney retain a client's file after the attorney's representation of the client has been completed or terminated?

1.16

96-03

What are the ethical obligations of an attorney who has negotiated an agreement with medical providers on behalf of a personal-injury client whose debts are subsequently discharged in bankruptcy?

 4.1, 4.3

96-04

Is it unethical for an attorney, without prior disclosure to other parties to a telephone conversation, electronically or mechanically to record communications with clients, witnesses or other attorneys?

 8.4

96-05

May a lawyer choose a law-related charitable institution other than the Utah Bar Foundation to be the recipient of trust-account interest that is generated in such nominal amounts that it is impractical to pay them to individual clients?

1.15

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?

1.4, 1.6, 1.7, 5.5

96-07

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

1.1, 1.4, 1.7

96-08

May an attorney represent a person who seeks to obtain payment under the terms of a client-solicitation agreement entered into with another attorney, where the agreement involved the payment of a "finder's fee" to the person?

 5.4, 3.1

96-09

May an attorney recover attorney's fees for a collection action pursued on behalf of the attorney's partner?

 8.4, 3.3

96-10

May an attorney employ a paralegal who owns a propriety interest in a collection agency the attorney represents as a client?

 5.3

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?

1.7

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?

1.7, 1.9

96-13

96-14

Is it permissible under the Utah Rules of Professional Conduct for an attorney practicing law in Utah to form a partnership or otherwise associate with one or more non-Utah lawyers or with legal practitioners from other countries?

 7.5

Year 1995 Opinions

Rules Applied

95-01

Does the publication by a licensed attorney of a "How To" booklet on a legal subject matter violate the Rules of Professional Conduct? Can the publishing lawyer limit his malpractice exposure by disclaimers placed in the booklet?

 8.4

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?

1.7, 1.9, 1.10

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?

1.7

95-04

May a lawyer or a law firm enter a franchise agreement with a firm that provides marketing and other service arrangements?

7.1, 7.5

95-05

What is the relationship between Rule of Professional Conduct 4.2 and a 1994 U.S. Department of Justice regulation purporting to authorize certain ex parte contacts with persons known to be represented by counsel?

4.2

95-06

When an attorney has reason to believe a person who is not a client has abused a child and the information upon which the belief is based derives from the attorney's representation of a client, may the attorney report the suspected abuse over the client objection if the attorney believes that making such a report is required by law?

1.6

95-07

Whether or not the Attorney General, after representing a division of a state agency in an administrative action, may file and pursue and appeal in her own name or on behalf of the public at large to the head of the agency of which the division is a part.

95-08

May the same Utah guardian ad litem represent the interests of siblings? If not, may other attorney guardians within the same office represent the siblings? May attorney guardians in other offices represent siblings of a represented child?
 

Opinions Issued Before Adoption of Utah Rules of Professional Conduct

Rules Applied

151

Do the Rules of Professional Conduct apply to the conduct of a lawyer who has been appointed by an insurance company as an "independent" appraiser of the property of an insured of the company, where the lawyer also provides legal services for the insurance company on unrelated matters?

146a

May a lawyer-insurance agent offer to perform legal services for his insurance clients? May a financial planning company's lawyer perform legal services for the planner's clients? (replaces and supersedes Opinion No. 146, issued July 29, 1994)

1.7, 1.8, 5.4, 5.5, 1.4

145

May a law firm accept a court appointment to represent an indigent defendant in a re-trial of a criminal case in which an investigator who had been involved in the State's investigation of the defendant and testified against the defendant at the first trial is now a full-time employee of the law firm?

1.7

142

Whether the rules of imputed disqualification apply to the Office of the Utah Attorney General when it is fulfilling its duty of representing all state agencies, some of which may be adverse to each other on certain terms.

1.10

139

May a law firm's non-lawyer office administrator be compensated solely on the basis of a percentage of the gross income of the firm?

5.4

138

May a currently practicing sole practitioner who formerly had associates or junior partners continue to se the firm name that includes the sole practitioners name followed by "& Associates"?

 7.1, 7.5

136

Can an advance payment made by a client ever be characterized as a "fixed fee" or "non refundable retainer," which would be earned by the attorney when received and therefore not deposited into a trust account?

 1.5

135

In a contingent-fee case, what are the ethical considerations for a judgment-creditor's attorney where the judgment-debtor agrees to name the judgment-creditor as the beneficiary of an insurance policy on the life of the judgment-debtor in order to satisfy the judgment?

1.12, 1.7, 1.8

132

May an attorney who is leaving a law firm take, either to another law firm or to solo practice, the files and clients generated while the attorney was an employee or member of the law firm?

1.5, 5.6

131

May a Utah lawyer include on his letterhead the name of a non-lawyer employee with an indication that he is a certified public accountant (CPA)?

 7.1, 7.5

129

With respect to Utah's Rule 4.4, which proscribes certain lawyer communications and actions with respect to third persons, what is the effect of the US Supreme Court's void-for-vagueness finding concerning Nevada's Rule 3.6?

4.4

127

May a lawyer make in-person solicitations of persons to join the lawyer in forming a citizens' group that will be the nominal plaintiff in litigation, if the members of the citizens' group will be requested to contribute funds for the payment of legal fees and the lawyer intends to serve as legal counsel for the citizens' group in the litigation?

 1.4

126

Under what circumstances may a city attorney represent criminal defendants?

1.7

125

May an elected county attorney share and rent office space to another attorney who may represent interests adverse to the county?

1.10

121

May a lawyer pay another lawyer a fee for referring a case?

1.5(e)

118

Is Utah Rule of Professional Conduct 1.13(a) intended to eliminate the historic distinction between payments advanced by a client for professional legal fees and payments advanced by a client for costs?

1.13(a)

116

Under what circumstances may an attorney represent both parties in a divorce?

 1.7

115R

Opinion on Reconsideration, affirming conclusion of opinion No. 115.

 4.2

115

Under what circumstances may a lawyer who represents a private party contact the employees of a government agency if the private party is involved in litigation against the agency?

 4.2

114

Is a one-third contingency fee charged by an attorney unreasonable or excessive if the recovery includes personal injury protection ("PIP" or "no fault") payments from the clients insurer?

1.5

113

May a lawyer, in representing individual members of an Indian tribe, communicate with the Tribal Council or with tribal officers in their official capacity concerning federal legislation?

 4.2

111

May an attorney represent a collection company in lawsuits to collect on assigned accounts if he owns stock in or has an interest in the company?

110

May an attorney give a "second opinion" on a legal matter, when approached by a non-client who is represented by counsel?

 4.2

108

May a Utah lawyer who is also a certified public accountant (CPA) include CPA designation on his professional law-office letterhead?

 7.1-7.5

107

Is a lawyer subject to disciplinary action for pursuing a matter in which he has a conflict of interest or which may otherwise be a violation of the Rules of Professional Conduct when the lawyer has sought to be excused from the court appointment and the court has denied the motion?

 6.2

100

Is it ethically proper for a collection agency to retain and pay a lawyer a flat monthly fee to handle all of its collection litigation while seeking and recovering attorneys' fees from the debtor based upon higher market rates?

 5.4

99

Is a part-time attorney ethically barred from appearing on behalf of a defendant in a civil action brought by the State of Utah to collect delinquent child support payments?

1.7

98

Is an attorney's refusal to pay for services rendered by a third party at the attorney's request contrary to the attorney's obligation to act in an ethical manner?

95

May a lawyer disclose a client's threats to commit suicide to another who might help prevent it?

1.6

91

Is it ethically proper for an attorney to retain a clients file and other papers and documents that belong to the client, because the client has refused to pay the attorney's fees?

1.14

90

Is it unethical for an attorney to surreptitiously record by electronic or mechanical means communications with clients, witnesses, or other attorneys?

81

An attorney may not be employed as county attorney and as city attorney within the county boundaries, except for prosecutorial functions. [Overruled in part by Opinion No. 98-02.]

Utah Ethics Opinion 10

79

An attorney's role in disciplinary proceedings.

78

Questions concerning a lawyer's responsibility toward an absent client.

1.12

77

A former city attorney may not represent a private client in contract negotiations with the city over a contract that attorney drafted as city attorney.

76

A corporation may use the corporate name on pleadings and court documents.

75

Mailing solicitation letters.

74

An attorney may give advice to a litigant who is proceeding pro se.

DR-1-102(A)(4)

73

A city prosecutor may not represent criminal defendants in the same circuit court district even though the defense is conducted in a different division. [Modified or overruled by Opinion No 126.]

Utah Opinion 6, 10 & 22

72

An attorney employed by an insurance company to represent both insurer and insured must fully disclose and get consent.

Canon 4 & 5

71

An attorney may issue a notice of a dishonored check.

Canon 7 DR 7-105

70

Attorney referral programs.

Canon 2

69

An attorney may represent the husband and guardians of the wife even though he formerly represented the husband in a divorce action.

Canon 4 & 5

68

An attorney may not be appointed a special counsel by the attorney general for purposes of enforcing state law when the attorney's law firm acts as legal counsel in private matters involving that law.

Canon 4 & 5

67

An announcement of the availability of legal services to lawyers must be dignified.

Canon 2

66

An attorney may not purchase estate assets when acting as legal counsel in probate proceedings.

Canon 5

65

An attorney may act as attorney for the executor and as executor in probate proceedings.

64

IOLTA funds.

Informal Decision 545

63

When the Attorney General's office is involved in representing a state judge, members of the AG's office should avoid appearances before that judge.

Informal Opinion 1331

62

An attorney may not reveal confidences and secrets gained in the course of professional employment when the attorney is subpoenaed to appear regarding criminal charges against a client.

Canon 7

61

A law firm may advise only regular clients of a seminar it offers on a particular subject.

Canon 2

60

An attorney may announce his availability to do legal research for other attorneys.

Canon 2

59

A county attorney may not represent the same plaintiff against the same defendant in both a civil and criminal matter.

Utah Opinion 15

58

An attorney may not contact medical doctors with the intent of obtaining clients a class action suit.

Canon 2

57

An attorney may indicate on letterhead the possession of a J.D. or LL.M. degree.

Canon 2

56

An attorney may not represent some stockholders in a derivative action against a corporation when he previously acted as corporate counsel.

Canon 4

55

An attorney may withdraw when his client disregards a fee agreement or files a bankruptcy petition seeking to discharge accrued fees.

Canon 2

54

An attorney may not identify himself as an attorney in a letter to the editor. [Overruled by Opinion No. 98-15 .]

Canon 20 & 27

53

An attorney may provide limited legal services to persons wishing to handle their own divorces.

Canon 7

52

An attorney may not be both county attorney and city attorney within the county boundaries.

Canon 4

51

An attorney who is also city councilman may not represent those charged with crimes in that city's courts or in cases where city-employed law enforcement officers are prosecution witnesses.

Canon 5

50

Attorneys may not be members of barter type exchanges. [Overrules by Opinion No. 97-05.]

Canon 2

49

When a client has disappeared, an attorney may withdraw as counsel in ongoing litigation and is not obligated to pursue appeal.

Canon 2

48

A Salt Lake County municipal attorney may not represent criminal defendants in other jurisdictions.  [Modified or overruled by Opinion No. 126.]

Utah Opinion 10

47

What type of limited legal services may an attorney provide to inmates?

Canon 2

46

An attorney candidate for political office may not use the endorsement of a judge, but may use the endorsement of a client.

Canon 2

45

A practicing attorney with an interest in a collection company.

ABA Formal Opinion 225

44

An attorney may not enter into a settlement agreement without client authorization.

Canon 7

43

What to do with client funds held by Utah Legal Services that are not claimed and the client is not locatable? [Overruled by Opinion No. 97-01.]

An attorney may not represent a plaintiff in a malpractice suit against a doctor and simultaneously represent that doctor in a Chapter XI suit.

Canon 5

41

A city attorney may not represent defendants charged with violations of city ordinances but may represent private clients against non-city clients.  [Modified or overruled by Opinion No. 126.]

Utah Opinion 6, 15, 22, 25

40

An attorney may not represent a client who seeks to sue a corporation which formerly employed the attorney as general counsel.

Canon 4

39

Can Legal Aid collect attorney's fees from opponent?

Canon 2

38

The use of "Salt Lake Legal Clinic" as a firm name.

Canon 2

37

An attorney may not represent a client before a county commission or defend a client in an alleged misdemeanor violation of a county ordinance when the attorney's partner is a county attorney.

Utah Opinion 4, 34, 35

36

Distributing flyers.

Canon 2

35

Defense counsel office sharing offices with city or county attorneys.

Utah Opinions 4, 20

34

It is improper for lawyers to hold themselves out as partners where no partnership exists, etc.

Canon 2

33

A business card.

Canon 2

32

An attorney may not allow his named to be placed on a list circulated to members of a non-profit association organized for the purpose of providing legal services and may not associate with California firms for that purpose.

Canon 2

31

An attorney retained as corporate counsel may not reveal client confidences before a grand jury.

Canon 4

30

A practicing attorney who is also the president of a title company.

Utah Opinions 5, 17

29

An attorney may not represent a client in a suit against a former client when the suit involves the same subject matter.

Canon 4

28

A lawyer should withdraw as counsel when the law firm may be called as a witness.

DR-5-1-1

27

An attorney may sue a client who pays by check which is dishonored.

Canon 2

26

A pro-tem judge may not act as criminal defense counsel in the same court.

Canon 2

25

A law firm cannot represent criminal defendants in municipal court where the law firm acts as city attorney. [Modified or overruled by Opinion No. 126.]

Utah Opinion 4

24

A criminal felony deputy attorney may serve a protem judge in misdemeanor matters in a different county.

Canon 5 Canon 9

23

An attorney's announcement card may include past positions of an attorney but not the nature of his employment.

DR 2-105

22

A county attorney may not represent criminal defendants.

Utah Opinions 6 & 10

21

Credit cards as payment for attorney's fees. [Modified by Opinion No. 97-06 .]

20

A justice of the peace appearing in court matters.

Canon 5

19

Complicated conflict of interest question.

18

Attorney contact with opposing client who is represented by counsel.

17

A practicing attorney engaged in a real estate business.

16

A county attorney mat not represent persons accused of crimes in other states.

15

A county attorney may not accept employment in a civil matter where he had previously determined as county attorney that there was not sufficient cause to bring criminal charges in the same matter.

14

Legal research services offered through a Utah corporation constitutes three unauthorized practice of law.

13

It is improper for a law firm to schedule a party for clients honoring significant anniversary dates.

12

Attorneys may not be members of barter type exchanges. [Overruled by Opinion No. 97-05.]

11

Conflicts of interest within the Utah Legal Defenders Office.

10

Municipal attorneys in sparsely populated areas of Utah may represent criminal defendants in other municipalities. [Modified or overruled by Opinion No. 126.]

9

An assistant attorney general may represent a client in a civil matter before a municipality.

8

Referring delinquent accounts to collection.

7

A deputy attorney whose position involves tax matters should not represent private clients in federal tax matters.

6

A city prosecutor should not defend criminal defendants in other jurisdictions unless assigned to do so by the court. [Modified or overruled by Opinion No. 126.]

5

A practicing attorney selling life insurance.

4

May a partner of a deputy district attorney defend any client in a criminal case which the deputy district attorney may not handle himself

3

An attorney general or county attorney should not represent clients against the state in civil matters

2

May a criminal practitioner accept employment to recover stolen property?

1

Deputy county attorneys should not be assigned to represent defendants in other counties.