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 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 renegotiate a flat fee if the matter turns out larger than expected?
The opinion concludes that a lawyer who unilaterally underestimated the scope of a matter cannot simply renegotiate the flat fee; a renegotiation for the lawyer's advantage is a business transaction w…
Can a contingency-fee firm charge the client for the cost of litigation cost insurance, payable only if the client recovers?
Yes, with conditions. The opinion concludes a firm may pass the cost of a litigation insurance policy to the client upon recovery if the terms are fair, reasonable, and fully disclosed in writing, the…
Can a registered investment adviser (RIA) firm in Utah employ a lawyer to provide estate-planning services to the RIA's clients and pay the lawyer a share of the firm's advisory fees?
The opinion concludes a lawyer's duties run to the client; a non-client may pay the lawyer's fee if Rule 1.8(f) is met, but an RIA cannot employ a lawyer to deliver legal services to its clients and p…
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…
What are a Utah local counsel's duties when the lead lawyer is admitted pro hac vice and wants local counsel to do as little as possible?
The opinion concludes that serving as local counsel is not a perfunctory role; under Rule 5.1 local counsel must supervise the pro hac vice attorney, provide Utah-law expertise, and remains responsibl…
When a client asks a Utah lawyer to modify a fee agreement mid-representation, what ethics rules apply?
Rule 1.5 always governs, so the modified fee must stay reasonable throughout; if the change is not clearly beneficial to the client or settles a fee dispute, Rule 1.7(a) treats it as a personal-intere…
Can a Utah lawyer take part in an on-site program that finances client retainers through a third-party lender?
Not without curing the conflict. Participating in an on-site retainer-financing program creates a personal-interest conflict under Rules 1.7(a) and 1.8(a), but the lawyer may proceed by obtaining the …
Can a Utah lawyer charge a flat fee, call it nonrefundable, and move it out of the trust account before the work is done?
Flat fees are permitted under Rule 1.5, but the opinion concludes no fee is truly nonrefundable; unearned flat fees must stay in the client trust account, may be moved to the lawyer only as earned und…
Can a Utah lawyer set up or borrow from a lending company to finance a client's case or pay the lawyer's own fees?
No to both arrangements presented. A lawyer may not run a lending company that loans money to the lawyer's own clients to cover fees, because the lawyer's loyalty to the lender conflicts non-consentab…
Can an insurance defense lawyer in Utah agree to an insurer's litigation guidelines and accept flat-fee defense work?
Neither is per se unethical, but the lawyer may not let an insurer's guidelines or a flat fee impair independent professional judgment or competent, diligent representation of the insured. If complian…
Can a Utah lawyer finance a client's litigation costs with a loan from a third-party lender and pass the interest on to the client?
Yes. A recourse loan that finances litigation costs is permitted if the lawyer (not the client) is the obligor on the loan, the lawyer discloses the loan's terms, and the client consents. Because the …
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 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…
Can a lawyer hired by an insurance company to defend an insured send detailed billing statements to the insurer's outside audit service?
Only with the insured client's informed consent. A detailed billing statement is information relating to the representation under Rule 1.6, so before sending it to an outside auditor the lawyer must o…
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…
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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.