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Rule504. Lawyer - Client. 

 

(a)  Definitions. 

(a)(1)     "Client"means a person, public officer, corporation, association, or other organizationor entity, either public or private, who is rendered legal services by a lawyeror who consults a lawyer or a lawyer referral service to obtain legalservices. 

 

(a)(2)   "Lawyer"means a person authorized, or reasonably believed by the client to beauthorized, to practice law in any state or nation.

 

(a)(3)      ?Lawyerreferral service? means an organization, either non-profit or for-profit thatis providing intake or screening services to clients or prospective clients forthe purpose of referring them to legal services. 

 

(a)(4)   ?Legalservices? means the provision by a lawyer or lawyer referral service of:

(a)(4)(A)  professional counsel, advice, direction or guidance ona legal matter or question;

 

(a)(4)(B)  professional representation on the client?s behalf on alegal matter; or

 

(a)(4)(C)  referral to a lawyer.

 

(a)(5) "Lawyer?srepresentative means a person or entity employed to assist the lawyer in therendition of legal services.

 

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

(a)(6)(A)   obtain legal services for or on behalf of theclient; 

 

(a)(6)(B)   act onadvice rendered pursuant to legal services for or on behalf of the client; 

 

(a)(6)(C) provide assistance to theclient that is reasonably necessary to facilitate the client?s confidentialcommunications; or

 

(a)(6)(D) disclose, as an employee or agent of the client,confidential information concerning a legal matter to the lawyer. 

 

(a)(7) "Communication"includes: 

(a)(7)(A)   advice, direction or guidance given by the lawyer, thelawyer?s representative or a lawyer referral service in the course of providinglegal services; and 

 

(a)(7)(B)   disclosures of the client and the client'srepresentative to the lawyer, the lawyer's representative or a lawyer referralservice incidental to the client?s legal services. 

 

(a)(8) "Confidentialcommunication" means a communication not intended to be disclosed to thirdpersons other than those to whom disclosure is in furtherance of rendition oflegal services to the client or to those reasonably necessary for thetransmission of the communication. 

 

(b)   Statementof the Privilege. Aclient has a privilege to refuse to disclose, andto prevent any other person from disclosing, confidential communications if

(b)(1)   the communications were made for the purpose or in thecourse of obtaining or facilitating the rendition of legal services to theclient; and 

 

(b)(2)   the communications were: 

(b)(2)(A) between(i) the client or the client's representative and(ii) the lawyer, the  lawyer's representatives, or a lawyerrepresenting others in matters of common interest;

 

(b)(2)(B)  between clients or clients? representatives as to matters ofcommon interest but only if each clients? lawyer or lawyer?s representativeswas also present or included in the communications;

 

(b)(2)(C) between (i) the client or the client?s representatives and (ii) alawyer      referral service; or

 

(b)(2)(D) between (i)the client?s lawyer or lawyer?s representatives and (ii) the client?s lawyerreferral service.

 

(c)   WhoMay Claim the Privilege. The privilege may beclaimed by: 

(c)(1)   the client; 

 

(c)(2)   the client's guardian or conservator; 

 

(c)(3)   the personal representative of a client who isdeceased; 

 

(c)(4)   the successor, trustee, or similar representative of aclient that was a corporation, association, or other organization, whether ornot in existence; and 

 

(c)(5)   the lawyer or the lawyer referral service on behalf ofthe client. 

 

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

(d)(1)   Furtherance of the Crime or Fraud. Ifthe services of the lawyer were sought or obtained to enable or aid anyone tocommit or plan to commit what the client knew or reasonably should have knownto be a crime or fraud; 

 

(d)(2)   Claimants through Same Deceased Client.As to a communication relevant to an issue between parties who claim throughthe same deceased client, regardless of whether the claims are by testate orintestate succession or by inter vivos transaction; 

 

(d)(3)   Breach of Duty by Lawyer or Client. Asto a communication relevant to an issue of breach of duty by the lawyer to theclient; 

 

(d)(4)   Document Attested by Lawyer. As to acommunication relevant to an issue concerning a document to which the lawyerwas an attesting witness; or 

 

(d)(5)   Joint Clients. As to the communicationrelevant to a matter of common interest between two or more clients if thecommunication was made by any of them to a lawyer retained or consulted incommon, when offered in an action between any of the clients. 

 

 

EffectiveNovember 1, 2018

 

 

2018 Advisory Committee Note.  Theseamendments are limited to the scope of the attorney-clientprivilege.  Nothing in the amendments is intended to suggest that forother purposes, such as application of the Utah Rules of Professional Conductor principles of attorney liability, an attorney forms an attorney-clientrelationship with a person merely by making a referral to another lawyer, evenif privileged confidential communications are made in the process of thatreferral.