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 lawyer secretly listen to and coach a client during the client's phone call with someone the lawyer knows is represented by another lawyer?
No. The opinion concludes that a lawyer who coaches a client during the client's call with a represented person about the subject of that representation violates Rule 4.2 by communicating through the …
When a parent hires a lawyer for an injured child's personal injury claim, what does the lawyer owe the child if the parent's wishes conflict with the child's interest?
The opinion concludes the conflict rules (1.7, 1.8, 1.9) apply to the child as a client even though the parent retained and can discharge the lawyer, and the lawyer must protect the child's funds unde…
Can a Utah lawyer reveal a client's identity, who is paying the fee, or the terms of the fee agreement?
Generally no. The opinion concludes that under Rule 1.6 a client's identity, the source of the fee, and the terms of the fee agreement are confidential by default, disclosable only with informed conse…
Can a Utah lawyer put an indemnification clause in a retainer agreement, and can the lawyer use it to make a client pay the lawyer's malpractice insurance deductible if the client's malpractice claim fails?
The opinion concludes a lawyer may include an indemnification provision covering third-party claims arising from the client's own conduct, but using such a clause to recover the lawyer's malpractice i…
Must a criminal defense lawyer who doubts the client's competence seek a competency evaluation before letting the client plead guilty?
The opinion concludes that defense counsel has no automatic duty to seek a competency evaluation; counsel should first try to maintain a normal client-lawyer relationship under Rule 1.14, take protect…
A client with diminished capacity wants to appeal but refuses to sign the Notice of Appeal the statute requires, so the appeal will be dismissed. What should the lawyer do?
The opinion concludes that under Rule 1.14, if the lawyer believes the client is at risk of substantial harm and cannot adequately act in her own interest, the lawyer should take reasonable protective…
Can a criminal defense lawyer restrict a current or former client's access to their own client file?
A former client's access to the client file generally may not be restricted, absent prosecutorial or court-ordered limits on specific materials. For a current client, a lawyer may delay transmitting c…
At sentencing, if the judge asks defense counsel about the client's prior convictions, can the lawyer answer?
Only with the client's informed consent. Otherwise, defense counsel must respectfully decline to answer in a way that does not mislead the court, because information about the client's prior convictio…
Can an employer's lawyer file an answer or take other action for a former employee co-defendant who has vanished and cannot be contacted?
Yes, narrowly. Even though the lawyer cannot communicate with the missing former employee as Rule 1.4 contemplates, the lawyer may undertake a brief transitional representation, such as filing an answ…
Can a lawyer charge an annual fee for estate planning and asset-protection work calculated as a percentage of the value of the client's assets?
Only in extraordinary circumstances. A percentage-of-assets annual fee must satisfy Rule 1.5's reasonableness factors; because estate-planning work is not normally billed that way and the fee is not c…
Can a plaintiff's lawyer make a settlement offer letting the plaintiff take an assignment of the defendant's bad-faith claim against the insurer in exchange for a covenant not to execute beyond policy limits?
Yes, as long as the offer is communicated in compliance with Rules 4.1 and 4.2. The plaintiff's lawyer does not act unethically just because the offer may create a conflict of interest for the defenda…
Can a lawyer send a client's confidential information by ordinary unencrypted email without violating the duty of confidentiality?
Yes. In ordinary circumstances a lawyer may use unencrypted Internet email to transmit confidential client information, because there is a reasonable expectation of privacy in its use; particularly se…
Can a law firm sell or give its client list (names, addresses, and phone numbers) to securities brokers, financial planners, or insurance agents without the clients' consent?
No. A client's name, address, and telephone number obtained through the representation are confidential under Rule 1.6, so the firm may not furnish a client list to third parties, with or without a fe…
If an accused person calls a lawyer for help turning himself in, can the lawyer give police the client's phone number or whereabouts?
No. Information an accused gives a lawyer in an initial telephone conference, where the lawyer agrees to represent him, is confidential under Rule 1.6, even against a request from law enforcement seek…
What are a Utah lawyer's duties when the lawyer cannot communicate with a client in a language the client understands?
The lawyer need not personally speak the client's language but must communicate adequately, which the opinion said may require a skilled interpreter, with care taken so the interpreter does not give i…
Can a lawyer secretly record a phone call with a client, witness, or another lawyer without telling them it is being recorded?
Yes, in ordinary circumstances. Recording a conversation the lawyer is party to, without disclosure, is not unethical when, considered in context, it does not involve dishonesty, fraud, deceit, or mis…
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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.