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.
No Utah State Bar Ethics Advisory Opinion Committee opinions match these filters
Try a different search term or clear the filters.
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 plaintiff's lawyer personally agree to indemnify and hold the opposing party harmless against unpaid medical liens as a condition of a personal injury settlement, and can opposing counsel demand it?
No. The opinion concludes that a plaintiff's lawyer personally agreeing to indemnify the opposing party against any and all third-party lien claims violates Rules 1.7(a) and 1.8(e), and that asking op…
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…
Must a Utah lawyer hand over unsigned wills or unfiled pleadings as part of the client's file when fired?
No. The opinion concludes that an unexecuted trust or will, or an unfiled pleading such as an extraordinary writ, is the lawyer's work product rather than part of the client's file under Rule 1.16(d),…
Can a divorce lawyer assert a statutory attorney's lien against property the client was awarded in the divorce, and does Rule 1.8(a) apply?
Asserting a statutory attorney's lien does not require satisfying Rule 1.8(a)'s business-transaction conditions, because the lien is a right granted by statute and is expressly allowed by Rule 1.8(j).…
When a lawyer holds a client's settlement funds and a medical provider or other creditor claims part of it, what must the lawyer do?
The lawyer must first decide whether the third person has an interest strong enough to trigger Rule 1.15(b). Only a matured legal or equitable claim, such as a valid assignment, judgment lien, or stat…
What must a Utah lawyer do with trust funds held for a client the lawyer cannot locate?
The opinion said the lawyer must first secure the funds in trust, make reasonable diligent efforts to find the client, and if the client still cannot be found, hold the funds and ultimately follow Uta…
Can a lawyer send the interest from a pooled client trust account (IOLTA) to a law-related charity of the lawyer's choice instead of the Utah Bar Foundation?
No. The Utah Supreme Court approved the IOLTA program only for remitting nominal trust-account interest to the Utah Bar Foundation, so a lawyer who directs that interest to a different charity would v…
If a lawyer agreed to pay a personal-injury client's medical providers out of a settlement, and the client then discharges those debts in bankruptcy, must the lawyer pay the providers personally?
No. Absent dishonesty, fraud, deceit, or misrepresentation, the lawyer has no ethical obligation to personally honor the client's agreement to pay medical providers from a settlement or judgment; the …
How long must a Utah lawyer keep a client's file after the representation ends?
There is no fixed retention period. The opinion concluded a lawyer must return the portions of the file that are the client's property and keep the rest as long as needed to protect the client's fores…
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.