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Rule1.2. Scope of representation and allocation of authoritybetween client and licensed paralegal practitioner and notice to be displayed.

 

(a) Subject to paragraphs (c) and(d), a licensed paralegal practitioner shall abide by a client?s decisionsconcerning the objectives of representation and, as required by Rule 1.4, shall consult with the client as to the means by which they are tobe pursued. A licensed paralegal practitioner may take such action on behalf ofthe client as is authorized to carry out the representation. A licensedparalegal practitioner shall abide by a client?s decision whether to settle amatter.

(b) A licensed paralegalpractitioner?s representation of a client does not constitute an endorsement ofthe client?s political, economic, social or moral views or activities.

(c) A licensed paralegalpractitioner shall limit the scope of the representation to that which is reasonable under the circumstances.

(d) A licensed paralegalpractitioner shall not counsel a client to engage, or assist a client toengage, in conduct that the licensed paralegal practitioner knows is criminal or fraudulent.

(e) A licensed paralegal practitioner shall conspicuouslydisplay in the licensed paralegal practitioner?s office a notice that shall beat least 12 by 20 inches with boldface type or print with each character atleast one inch in height and width that contains a statement that the licensedparalegal practitioner is not an attorney.

 

Comment

Allocation of Authority BetweenClient and Licensed Paralegal Practitioner

[1] Paragraph (a) confers upon the client theultimate authority to determine the purposes to be served by legalrepresentation, within the limits imposed by law and the licensed paralegalpractitioner's professional obligations. The decisions specified in paragraph(a), such as whether to settle a civil matter, must also be made by the client.See Rule 1.4(a)(1) for the licensed paralegalpractitioner?s duty to communicate with the client about such decisions. Withrespect to the means by which the client?s objectives are to be pursued, thelicensed paralegal practitioner shall consult with the client as required byRule 1.4(a)(2) and may take such action as is authorized to carry out therepresentation.

[2] On occasion, however, a licensed paralegalpractitioner and a client may disagree about the means to be used to accomplishthe client?s objectives. Because of the varied nature of the matters aboutwhich a licensed paralegal practitioner and client might disagree and becausethe actions in question may implicate the interests of a tribunal or otherpersons, this Rule does not prescribe how such disagreements are to beresolved. Other law, however, may be applicable and should be consulted by thelicensed paralegal practitioner. The licensed paralegal practitioner shouldalso consult with the client and seek a mutually acceptable resolution of thedisagreement. If such efforts are unavailing and the licensed paralegalpractitioner has a fundamental disagreement with the client, the licensedparalegal practitioner may withdraw from the representation. See Rule 1.16(b)(4). Conversely, the client may resolve the disagreement bydischarging the licensed paralegal practitioner. See Rule 1.16(a)(3).

[3] At the outset of a representation, theclient may authorize the licensed paralegal practitioner to take specificaction on the client?s behalf without further consultation. Absent a materialchange in circumstances and subject to Rule 1.4, a licensed paralegalpractitioner may rely on such an advance authorization. The client may,however, revoke such authority at any time.

[4] In a case in which the client appears to besuffering diminished capacity, the licensed paralegal practitioner?s duty toabide by the client?s decisions is to be guided by reference to Rule 1.14.

Independence from Client?s Views or Activities

[5] Legal representation should not be denied topeople who are unable to afford legal services or whose cause is controversialor the subject of popular disapproval. By the same token, representing a clientdoes not constitute approval of the client?s views or activities.

Agreements Limiting Scope of Representation

[6] Reserved.

[7] This Rule affords the licensed paralegalpractitioner and client substantial latitude to limit the representation tothat which is reasonable under the circumstances. If, for example, a client?sobjective is limited to securing general information about the law the clientneeds in order to handle a common and typically uncomplicated legal problem,the licensed paralegal practitioner and client may agree that the licensedparalegal practitioner?s services will be limited to a brief telephoneconsultation. Such a limitation, however, would not be reasonable if the timeallotted were not sufficient to yield advice upon which the client couldrely.? The limitation on representationis a factor to be considered when determining the legal knowledge, skill,thoroughness and preparation reasonably necessary for the representation. SeeRule 1.1.

[8] All agreements concerning a licensedparalegal practitioner?s representation of a client must accord with theLicensed Paralegal Practitioner Rules of Professional Conduct and other law.See, e.g., Rules 1.1, 1.8 and 5.6.

Criminal, Fraudulent and Prohibited Transactions

[9] Paragraph (d) prohibits a licensed paralegalpractitioner from knowingly counseling or assisting a client to commit a crimeor fraud, but the fact that a client uses advice in a course of action that iscriminal or fraudulent does not of itself make a licensed paralegalpractitioner a party to the course of action.

[10] When the client's course of action hasalready begun and is continuing, the licensed paralegal practitioner'sresponsibility is especially delicate. The licensed paralegal practitioner isrequired to avoid assisting the client, for example, by drafting or deliveringdocuments that the licensed paralegal practitioner knows are fraudulent or bysuggesting how the wrongdoing might be concealed. A licensed paralegalpractitioner may not continue assisting a client in conduct that the licensedparalegal practitioner originally supposed was legally proper but thendiscovers is criminal or fraudulent. The licensed paralegal practitioner must,therefore, withdraw from the representation of the client in the matter. SeeRule 1.16(a). In some cases, withdrawal alone might be insufficient. It may benecessary for the licensed paralegal practitioner to give notice of the fact ofwithdrawal and to disaffirm any document, affirmation or the like. See Rule4.1.

[11] Where the client is a fiduciary, thelicensed paralegal practitioner may be charged with special obligations indealings with a beneficiary.

[12] Paragraph (d) applies whether or not thedefrauded party is a party to the transaction. Hence, a licensed paralegalpractitioner must not participate in a transaction to effectuate criminal orfraudulent avoidance of tax liability.

[13] If a licensed paralegal practitioner comesto know or reasonably should know that a client expects assistance notpermitted by the Licensed Paralegal Practitioner Rules of Professional Conductor other law or if the licensed paralegal practitioner intends to act contraryto the client?s instructions, the licensed paralegal practitioner must consultwith the client regarding the limitations on the licensed paralegalpractitioner?s conduct. See Rule 1.4(a)(5).

[14] Licensed paralegal practitioners are encouraged to advisetheir clients that their representations are guided by the Utah Standards ofProfessionalism and Civility and to provide a copy to their clients.

Effective November 1, 2018