Ethics Opinions

How to find/search for an Ethics Opinion if you do not know the name or number of the opinion:

The Ethics Opinion database currently lists Utah Ethics Advisory Opinions by year, beginning with the most recently issued opinion. The website is being updated to become more easily searchable. Until that occurs, here are some tips on how to find an opinion in the area you are looking for:

 

Google: You can Google “Utah State Bar Ethics Advisory Opinion” + other search terms to pull up relevant Ethics opinions. For example:

  1. If you know the rule: Google “Utah State Bar Ethics Advisory Opinion” + [the rule number]

i.e. “Utah State Bar Ethics Advisory Opinion” Rule 7.2

  1. If you know the topic: Google “Utah State Bar Ethics Opinions” + [key words/topics]

i.e. “Utah State Bar Ethics Advisory Opinion” advertising

Westlaw: Westlaw has all of the Utah State Bar Ethics Opinions in its database. They are located after each rule. For example:

  1. If you know that rule number, search for that rule. The applicable Utah State Bar Ethics Opinions will be listed below the rule.
  2. If you do not know the rule number, search in Westlaw the topic, search the topic + “Utah Rules” and in left hand box labeled “Content types” it will show related ethics advisory opinions under the heading “Administrative Decision & Guidance”, for example search:  advertising/p “Utah Rules” and there are 13 Utah State Bar Ethics Advisory Opinions available to review. If you do not have a subscription that allows you to access the opinions, come back to this page and use the cite to retrieve the opinions that you want here.

 

Fastcase: Fastcase is available through the Utah State Bar Practice Portal. To access, please see the following steps:

  1. Logon to the Utah State Bar Practice Portal
  2. On the homepage, you will see a number of boxes. On the right side of your screen, directly below the “Alps” box on the homepage, you’ll find Fastcase.
  3. Click the “Access Fastcase” link.
  4. Once you arrive at the general search page, click on the blue “Browse Libraries” button below the search bar.
  5. On this page under the heading “Other Primary Materials,” you will see a link for “Utah Ethics Opinions.” Clicking on this adds the library as a filter to the user’s home screen. They can also be searched within the platform directly on the home screen by filtering results.
				

2022

Ethics Advisory Opinion Committee Ethics Opinion 22-05 Issued August 11, 2022 Withdraws Adv. Op. 99-03   ISSUE   May a...
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Ethics Advisory Opinion Committee Ethics Opinion 22-02 Issued March 7, 2022 Issues Now that the Utah Rules of Professional Conduct...
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Ethics Advisory Opinion Committee Ethics Opinion 22-01 Issued January 12, 2022   Issues Is an in-house attorney for a Utah-based...
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2021

ISSUES 1. Rule 7.1 of the Utah Rules of Professional Conduct was recently amended. What firm names are appropriate under...
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ISSUES 1. May a lawyer ethically disclose the name of her client? 2. When is a lawyer prohibited from revealing...
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2020

ISSUE May a lawyer permissibly renegotiate the terms of a flat fee agreement if, after commencing the representation, the circumstances,...
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ISSUE What ethical duties apply to prosecutors and defense lawyers when dealing with victims in domestic violence criminal cases? OPINION...
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2019

ISSUE When does a representation of appointed criminal defense counsel end for purposes of Rule 4.2’s prohibition on a lawyer...
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ISSUE If an individual licensed as an active attorney in another state and in good standing in that state establishes...
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ISSUE Is it permissible for a private lawyer to represent a client against a government department or agency and simultaneously...
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2018

ISSUES 1. To whom are the duties of professional conduct owed? 2. May a Registered Investment Advisory (“RIA”) firm hire...
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2017

ISSUE When a Utah attorney acts as local counsel, what are the Utah attorney's duties under the Utah Rules of...
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ISSUE 1 Is it ethical for a criminal defense attorney who suspects his client is not competent to allow that...
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Issue: Is a lawyer required to report to the Bar a fellow lawyer who orally articulates an anticipated violation of...
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ORDER The Utah State Bar Ethics Advisory Opinion Committee ("EAOC") received a request for an ethics opinion "explaining the limits...
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2016

ISSUE When a client asks a lawyer to modify a fee arrangement, what Utah Rules of Professional Conduct ("URPC") apply?...
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Issues 1. What are the ethical constraints on lawyers settling potential legal malpractice claims or bar complaints with clients? Opinion...
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ISSUE May Wife re-hire Lawyer A at Law Firm C to represent Wife against Husband on various post-decree enforcement issues?...
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2015

ISSUE May an attorney pay an internet service company a nominal fee to bid on potential legal work? May an...
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ISSUE When may a lawyer directly contact a. former employee who had been within the control group of an adverse...
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ISSUE Does an attorney breach a duty of confidentiality to a "client" by sending information about the client's actions and...
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ISSUE   The Utah Board of Pardons and Parole (the "Board") and a private attorney have jointly requested the Ethics   Advisory...
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2014

ISSUE When an Attorney (A) is representing another Lawyer (L) in a legal malpractice or disciplinary action, and Lawyer L...
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ISSUE Do the Utah Rules of Professional Conduct prohibit referral agreements between two attorneys that require one of the attorneys...
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ISSUE Under what conditions is it appropriate for a personal injury lawyer to "outsource the calculation, verification and resolution of...
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ISSUE Is an Agreement between a non-lawyer Marketer and a Law Firm where the Marketer conducts telephone marketing to solicit...
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