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 give a deceased client's will, trust, or estate-planning work product to the heirs or beneficiaries when the trustee or executor will not?
Yes, within limits. The opinion concludes a lawyer may provide a deceased client's estate planning documents, and related work product, to beneficiaries or heirs when the trustee or executor has not, …
Can a law firm represent a party on appeal when one of its own lawyers testified as an expert witness for the opposing party in the same case?
The opinion concludes that if the testifying lawyer truly had no attorney-client relationship with the party who engaged him, the firm's later representation of the adverse party on appeal is not barr…
If a lawyer briefly joined the firm that had represented the opposing spouse, then left, can the lawyer keep representing the other spouse in the same divorce when the lawyer never got any confidential information about the opposing spouse?
The opinion concludes the lawyer may continue to represent the wife against the husband on post-decree matters without the husband's consent, because under Rule 1.9(b) the lawyer acquired no informati…
Can a former member or hearing officer of the parole board later represent an offender before that same board, and do all proceedings involving one offender count as the same 'matter' under Rules 1.11 and 1.12?
The opinion concludes that any proceeding involving the same offender is the same 'matter,' so a former Board member or hearing officer who personally and substantially participated in prior proceedin…
Can a lawyer who once represented the wife (separately, and jointly with the husband against a third party) now represent the husband on appeal in their divorce?
The opinion concludes the lawyer's earlier separate representation of the wife does not bar representing the husband on appeal because it is not substantially related, but the joint litigation against…
Can a Utah lawyer who represented a party in a guardianship case go on to represent the guardian the court appoints?
Only after analyzing it as a current-or-former-client conflict under Rules 1.7 and 1.9; if the facts show direct or material adversity, or the guardian's fiduciary and statutory duties would materiall…
If a former client claims the lawyer's advice confused him, can the subpoenaed lawyer testify about their privileged discussions to prevent a fraud on the court or clear the lawyer's name?
No. Absent a court order, a subpoenaed lawyer may not divulge any attorney-client information, either to the prosecution or in open court, even though the former client has attacked the lawyer's advic…
Can a lawyer cross-examine a former client as an adverse witness while representing a current client?
Generally yes, if the prior and current matters are not substantially factually related and the lawyer does not use or disclose the former client's confidential information to that client's disadvanta…
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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.