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 defense lawyer in Utah contact a plaintiff's treating physician ex parte, outside formal discovery?
No. The opinion formally withdraws Advisory Opinion 99-03, noting that the Utah Supreme Court in Sorensen v. Barbuto vacated 99-03 and instructed lawyers to confine contact with an adversary's treatin…
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 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 defense lawyer contact the plaintiff's treating physician ex parte (without plaintiff's counsel present) when the plaintiff's physical condition is at issue?
Withdrawn. At the time, the Committee concluded no ethical rule prohibited ex parte contact with a plaintiff's treating physician who is not separately represented; the Utah Supreme Court vacated this…
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…
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 …
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…
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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.