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Rule 504. Lawyer - Client. 

(a)  Definitions. 

(1)    "Client" means a person, publicofficer, corporation, association, or other organization or entity, eitherpublic or private, who is rendered legal services by a lawyer or who consults alawyer or a lawyer referral service to obtain legal services. 

(2)   "Lawyer" means a person authorized, orreasonably believed by the client to be authorized, to practice law in anystate or nation.

?(3)????? ?Lawyer referral service? means an organization, eithernon-profit or for-profit that is providing intake or screening services toclients or prospective clients for the purpose of referring them to legalservices. 

(4)   ?Legal services? means the provision by a lawyer orlawyer referral service of:

(A)?????? professional counsel, advice, direction or guidance on alegal matter or question;

(B)?????? professional representation on the client?s behalf on alegal matter; or

(C)?????? referral to a lawyer.

(5) "Lawyer?s representative means a person or entity employed toassist the lawyer in the rendition of legal services.

?(6)  "Client?srepresentative means a person or entity authorized by the client to: 

(A)   obtain legal services foror on behalf of the client; 

(B)   act on advice rendered pursuant to legal servicesfor or on behalf of the client;  

(C) provide assistance to the client that is reasonably necessary tofacilitate the client?s confidential communications; or

(D) disclose, as an employee oragent of the client, confidentialinformation concerning a legal matter to the lawyer. 

(7) "Communication" includes: 

(A)   advice, direction orguidance given by the lawyer, the lawyer?s representative or a lawyer referralservice in the course of providing legal services; and 

(B)   disclosures of the clientand the client's representative to the lawyer, the lawyer's representative or alawyer referral service incidental to the client?s legal services. 

(8) "Confidential communication" means a communicationnot intended to be disclosed to third persons other than those to whomdisclosure is in furtherance of rendition of legal services to the client or tothose reasonably necessary for the transmission of the communication. 

(b)   Statement of the Privilege. Aclient has a privilege to refuse to disclose, and toprevent any other person from disclosing, confidential communications if

(1)   the communications weremade for the purpose or in the course of obtaining or facilitating therendition of legal services to the client; and 

(2)   the communicationswere: 

(A) between(i) the client or the client's representative and(ii) the lawyer, the? lawyer'srepresentatives, or a lawyer representing others in matters of common interest;

(B) ?between clients or clients? representatives asto matters of common interest but only if each clients? lawyer or lawyer?srepresentatives was also present or included in the communications;

(C) between(i) the client or the client?s representatives and(ii) a lawyer????? referral service; or

(D) between (i) the client?s lawyer or lawyer?s representatives and (ii)the client?s lawyer referral service.

?(c)   Who May Claim the Privilege. The privilege may be claimed by: 

(1)   the client; 

(2)   the client's guardian orconservator; 

(3)   the personalrepresentative of a client who is deceased; 

(4)   the successor, trustee, orsimilar representative of a client that was a corporation, association, orother organization, whether or not in existence; and 

(5)   the lawyer or the lawyerreferral service on behalf of the client. 

(d)   Exceptions to the Privilege.Privilege does not apply in the following circumstances: 

(1)   Furtherance of the Crime or Fraud. If the servicesof the lawyer were sought or obtained to enable or aid anyone to commit or planto commit what the client knew or reasonably should have known to be a crime orfraud; 

(2)   Claimants through Same Deceased Client. As to acommunication relevant to an issue between parties who claim through the samedeceased client, regardless of whether the claims are by testate or intestatesuccession or by inter vivos transaction; 

(3)   Breach of Duty by Lawyer or Client. As to acommunication relevant to an issue of breach of duty by the lawyer to theclient; 

(4)   Document Attested by Lawyer. As to a communicationrelevant to an issue concerning a document to which the lawyer was an attestingwitness; or 

(5)   Joint Clients. As to the communication relevant toa matter of common interest between two or more clients if the communicationwas made by any of them to a lawyer retained or consulted in common, whenoffered in an action between any of the clients. 

2018 Advisory Committee Note:? Theseamendments are limited to the scope of the attorney-client privilege.? Nothing in the amendments is intended tosuggest that for other purposes, such as application of the Utah Rules ofProfessional Conduct or principles of attorney liability, an attorney forms anattorney-client relationship with a person merely by making a referral toanother lawyer, even if privileged confidential communications are made in theprocess of that referral.

 

Effective November 1, 2018.