Utah State Bar Ethics Advisory Opinion Committee Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Utah State Bar Ethics Advisory Opinion Committee, with full citations and source links on every page.
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Can a law firm with no Utah-licensed lawyer advertise or solicit legal services in Utah?
The opinion concludes that advertising or soliciting in Utah when no member of the firm is licensed in Utah violates Rule 7.1 as materially misleading by omission, unless the communication includes a …
After Utah's 2021 overhaul of the advertising and fee-sharing rules, which older Utah ethics opinions can lawyers still rely on?
The opinion concludes that opinions resting on the 'false or misleading' standard remain applicable, while opinions that disapproved arrangements solely as paying for referrals, fee-sharing with nonla…
What firm names and trade names are allowed under Utah's amended Rule 7.1?
The opinion concludes that a firm may use a trade name, including the names of departed or deceased lawyers, as long as the name is not false or misleading under Rule 7.1; a name can become misleading…
Can a Utah law firm keep a founding partner's name in the firm name when that partner is a part-time state legislator who does very little legal work but has not formally retired?
The opinion concludes the name may remain during the seven-week legislative session because that period is not a substantial enough interruption to violate Rule 7.5(c), provided the lawyer is actively…
Can a Utah lawyer pay a per-bid fee to an online service that forwards client requests so the lawyer can bid for the work?
Yes. Paying a nominal per-bid fee to an internet forum that forwards client requests does not violate the advertising or solicitation rules (Rules 7.1, 7.2, 7.3) or the prospective-client rule (Rule 1…
Can a Utah lawyer pay a non-lawyer for client referrals, run joint advertising with a chiropractor or insurer, or own a business expecting it to send clients to the lawyer?
The opinion concludes a lawyer may not give anything of value, directly or indirectly, for a referral (and reciprocal-referral agreements are barred in Utah); joint advertising with a non-lawyer is no…
Can a lawyer use client testimonials, dramatizations, or fictional sketches in TV or website advertising in Utah, and when do they cross the line into false or misleading?
The opinion concludes testimonials, dramatizations, and fictional vignettes are permitted so long as they are not false or misleading; they become impermissible where a reasonable person would reach a…
Can a lawyer advertise to handle Social Security disability hearings and send a supervised nonlawyer paraprofessional to appear at the hearing, without disclosing that in the ad?
Yes. Where the Social Security Administration authorizes nonlawyer representatives, a lawyer may use a supervised nonlawyer paraprofessional at the hearing without assisting unauthorized practice, and…
Do a law firm's newsletters, legal alerts, seminar brochures, logo giveaways, and website have to carry an 'Advertising Material' label under the lawyer-solicitation rule?
Only the items that solicit employment do. A newsletter, alert, or brochure that offers the firm's services to a prospective client with no family, professional, or close-personal tie must carry the '…
Can a lawyer who is on inactive status in another state still say on her letterhead that she is 'also admitted' there?
Only with care. A lawyer on inactive status in a state may not communicate that she is 'admitted' there unless she discloses the inactive status or reasonably concludes the omission is not materially …
What client-development activities can a lawyer use, like free seminars, trade-show booths, and senior-center tables, without it becoming improper in-person solicitation?
Lawyers may make their services known through methods that do not involve uninvited one-on-one approaches, such as seminars, group Q&A sessions, trade-show booths, open houses, and discussion tables t…
Can a Utah lawyer accept credit cards for legal fees and costs?
Yes. The opinion concluded lawyers may accept payment by credit card like other merchants, overruling the earlier Opinion 21, subject to ordinary duties such as safekeeping advance payments and protec…
Can a lawyer accept payment in property or services instead of money, and can a lawyer barter legal services through a barter exchange?
Yes to both in principle. Nothing requires fees be paid in money as long as the fee is reasonable and complies with the prohibited-transaction rules, and bartering through an exchange is not barred pe…
Can a lawyer send a direct-mail solicitation, for profit, advertising mediation and arbitration services to people already in litigation?
Yes, but only if the mailing makes clear to all recipients that the alternative dispute resolution services are not legal services and that no attorney-client relationship will be created; on those te…
Browse Utah State Bar Ethics Advisory Opinion Committee opinions by topic
Legal ethics opinions from the Utah State Bar Ethics Advisory Opinion Committee interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.