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.
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 …
What are a prosecutor's and defense lawyer's ethical duties toward the victim in a domestic violence case?
The opinion concludes that the alleged victim is the client of neither the prosecutor nor defense counsel; both must avoid implying they represent the victim, may not give the victim legal advice beyo…
When does an appointed criminal defense lawyer's representation end for the no-contact rule, so another lawyer can speak to the former defendant?
The opinion concludes that, absent actual knowledge otherwise, a lawyer must assume a criminal defendant's representation covers all aspects of the case, including cooperation under a plea, so Rule 4.…
Can a lawyer interview a former control-group employee of an adverse corporation without opposing counsel's consent?
Yes, but with limits. The opinion concludes a lawyer may contact a former control-group employee of an adverse party under Rule 4.2, but may not ask about anything covered by the attorney-client privi…
Can a government entity's lawyers send a litigation-hold e-mail asking employees to preserve documents to an employee who is the represented plaintiff in the suit against the entity?
The opinion concludes it violates Rule 4.2 for a government entity's attorney's office to send the litigation-hold e-mail to an adverse represented employee, because the e-mail concerns the subject of…
Can a Utah lawyer for another party talk to a child who is represented by a guardian ad litem without the GAL's consent?
No. When a court appoints an attorney guardian ad litem for a person, another party's lawyer may not communicate with that person about the subject of the representation, or arrange for a second lawye…
Can corporate counsel block opposing counsel from interviewing employee fact-witnesses by asserting that counsel represents all of them?
Only where counsel has actually formed an attorney-client relationship with each employee-witness in compliance with Rule 1.7 (informed consent to joint representation, with notice of possible withdra…
Can a lawyer contact a former employee of a represented corporate party without the company's lawyer's consent?
Yes. The opinion concludes Utah Rule 4.2 does not bar contacting an unrepresented former employee of a represented organization, because Rule 4.2(c) reaches only current control-group members and curr…
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…
If a lawyer negotiates with the opposing party's paralegal, secretary, or other non-lawyer representative, is the lawyer helping that person engage in the unauthorized practice of law?
Generally no. As long as the non-lawyer representative is supervised by a lawyer under Rule 5.3, communicating with that representative does not assist the unauthorized practice of law, and a lawyer m…
Can a defendant's lawyer contact former plaintiffs who already settled their claims, to investigate their old lawyers, without going through plaintiffs' counsel?
Yes, but only if the settling plaintiffs are no longer represented by counsel and only after the lawyer makes appropriate disclosures; under Rule 4.2 the lawyer must confirm the prior representation h…
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.