Category: RPC01.01

Rules of Professional Conduct – Effective May 17, 2023

RPC01.01. Competence.  AMEND.  Adds comment [9], which states, “Lawyers should be aware that their mental, emotional, and physical well-being may impact their ability to represent clients and, as such, is an important aspect of maintaining competence to practice law and compliance with the standards of professionalism and civility. Resources supporting lawyer well-being are available through the Utah State Bar.”
The ABA has proposed—but not yet adopted—a comment to Rule 1.1 that contains permissive language tying lawyer well-being to competence (See Advisory Committee materials here). The above comment is Utah’s version of the ABA proposal.
The ABA and jurisdictions throughout the country have grappled with the question of how to de-stigmatize the topic of mental health in the legal profession. Utah has taken the bold step of making well-being resources, such as Unmind and Tava Health, readily available through the Utah State Bar.
Comment 9 to Rule 1.1 takes this a step further by explaining the nexus between well-being and lawyer competence. The addition is not meant to be punitive or impose additional requirements or burdens on lawyers. Rather, it is intended to be educational and to point lawyers to the importance of prioritizing their well-being.
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Rules of Professional Conduct – Effective May 1, 2021

Changes merge the attorney Rules of Professional Conduct and the LPP Rules of Professional Conduct into one set of rules. Currently, there are two nearly identical sets of Rules of Professional Conduct for each type of licensee. One set of rules is more efficient and makes changes and updates to the rules simpler and more uniform.

Preamble: A Lawyer’s Responsibilities.

RPC01.00. Terminology.

RPC01.01. Competence.

RPC01.02. Scope of representation and allocation of authority between client and lawyer. Licensed paralegal practitioner notice to be displayed.

RPC01.05. Fees.

RPC04.02.  Communication for Persons Represented by Legal Professionals.

RPC06.01.  Voluntary Pro Bono Legal Service.

Supreme Court Order

 

 

 

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Rules of Professional Conduct – Effective May 1, 2015

RPC 01.00 Terminology. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.

RPC 01.01 Competence. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.

RPC 01.04 Communication. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.

RPC 01.06 Confidentiality of Information. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.

RPC 01.17 Sale of Law Practice. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.

RPC 01.18 Duties to Prospective Client. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.

RPC 04.04 Respect for Rights of Third Persons. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.

RPC 05.03 Responsibilities Regarding Nonlawyer Assistants. Amend. Changes the name of the rule. Incorporates provisions of the ABA Model Rules of Professional Conduct.

RPC 05.05 Unauthorized Practice of Law; Multijurisdictional Practice of Law. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.

RPC 07.01 Communications Concerning a Lawyer’s Services. Amend. In light of comments received regarding the originally proposed rules, the Court’s Advisory Committee on the Rules of Professional Conduct and the Utah State Bar prepared amended rules. These rules provide additional guidance to lawyers as to which communications are false or misleading in order to protect the public. Submission of advertising to the Bar as mandated under the earlier proposed rules is no longer required.

RPC 07.02 Advertising. Amend. In light of comments received regarding the originally proposed rules, the Court’s Advisory Committee on the Rules of Professional Conduct and the Utah State Bar prepared amended rules. These rules provide additional guidance to lawyers as to which communications are false or misleading in order to protect the public. Submission of advertising to the Bar as mandated under the earlier proposed rules is no longer required.

RPC 07.03 Solicitation of Clients. Amend. In light of comments received regarding the originally proposed rules, the Court’s Advisory Committee on the Rules of Professional Conduct and the Utah State Bar prepared amended rules. These rules provide additional guidance to lawyers as to which communications are false or misleading in order to protect the public. Submission of advertising to the Bar as mandated under the earlier proposed rules is no longer required.

RPC 08.05 Disciplinary Authority; Choice of Law. Amend. Incorporates provisions of the ABA Model Rules of Professional Conduct.

Supreme Court Order

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Rules of Professional Conduct

http://le.utah.gov/xcode/Title10/Chapter2/10-2-S301.html?v=C10-2-S301_1800010118000101RPC Final (w/ redline)
RPC Final (w/o redline)
RPC 00.00. Preamble: A Lawyer’s Responsibilities. Amend. The Ethics 2000 Commission was created by the American Bar Association to review and amend the Model Rules of Professional Conduct. The Ethics 2000 Commission ‘s revisions to the ABA Model Rules were completed in August 2003. The Utah Supreme Court requested its Advisory Committee on the Rules of Professional Conduct to consider the Ethics 2000 revisions and recommend which amendments, if any, should be made to the Utah Rules of Professional Conduct. The rules listed below include the Ethics 2000 revisions to the Utah Rules of Professional Conduct recommended by the court’s advisory committee. The Ethics 2000 revisions to the ABA Model Rules and explanations regarding the changes can be found at www.abanet.org/cpr/ethics2k.html.
RPC 01.00.Terminology. Amend.
RPC 01.01. Competence. Amend.
RPC 01.02.Scope of Representation and Allocation of Authority Between Client and Lawyer. Amend.
RPC 01.03.Diligence. Amend.
RPC 01.04.Communication. Amend.
RPC 01.05.Fees. Amend.
RPC 01.06.Confidentiality of Information Amend.
RPC 01.07.Conflict of Interest: Current Clients. Amend.
RPC 01.08.Conflict of Interest: Current Clients: Specific Rules. Amend.
RPC 01.09.Duties to Former Clients Amend.
RPC 01.10.Imputation of Conflicts of Interest: General Rule. Amend.
RPC 01.11. Special Conflicts of Interest for Former and Current Government Employees. Amend.
RPC 01.12.Former Judge, Arbitrator, Mediator or Other Third-Party Neutral. Amend.
RPC 01.13.Organization as a Client. Amend.
RPC 01.14.Client with Diminished Capacity. Amend.
RPC 01.15.Safekeeping Property. Amend.
RPC 01.17.Sale of Law Practice. Amend.
RPC 01.18.Duties to Prospective Client. New.
RPC 02.01.Advisor. Amend.
RPC 02.02.Intermediary. Repealed.
RPC 02.03.Evaluation for Use by Third Persons. Amend.
RPC 02.04.Lawyer Serving as Third-Party Neutral. New.
RPC 03.01.Meritorious Claims and Contentions. Amend.
RPC 03.02.Expediting Litigation. Amend.
RPC 03.03.Candor Toward the Tribunal. Amend.
RPC 03.04. Fairness to Opposing Party and Counsel. Amend.
RPC 03.05. Impartiality and Decorum of the Tribunal. Amend.
RPC 03.06. Trial Publicity. Amend.
RPC 03.07. Lawyer as Witness. Amend.
RPC 03.08. Special Responsibilities of a Prosecutor. Amend.
RPC 03.09. Advocate in Nonadjudicative Proceedings. Amend.
RPC 04.01. Truthfulness in Statements to Others. Amend.
RPC 04.02. Communication with Persons Represented by Counsel. Amend.
RPC 04.03. Dealing with Unrepresented Person. Amend.
RPC 04.04. Respect for Rights of Third Persons. Amend.
RPC 05.01. Responsibilities of Partners, Managers, and Supervisory Lawyers. Amend.
RPC 05.02. Responsibilities of a Subordinate Lawyer. Amend.
RPC 05.03. Responsibilities Regarding Nonlawyer Assistants. Amend.
RPC 05.04. Professional Independence of a Lawyer. Amend.
RPC 05.05. Unauthorized Practice of Law; Multijurisdictional Practice of Law. Repeal & Reenact.
RPC 05.06. Restrictions on Right to Practice. Amend.
RPC 05.07. Responsibilities Regarding Law-Related Services. New.
RPC 06.01. Voluntary Pro Bono Legal Service. Amend.
RPC 06.02. Accepting Appointments. Amend.
RPC 06.03. Membership in Legal Services Organization. Amend.
RPC 06.04. Law Reform Activities Affecting Client Interests. Amend.
RPC 06.05. Nonprofit and Court-Annexed Limited Legal Services Programs. New.
RPC 07.01. Communications Concerning a Lawyer’s Services. Amend.
RPC 07.02. Advertising. Amend.
RPC 07.03. Direct Contact with Prospective Clients. Amend.
RPC 07.04. Communication of Fields of Practice. Amend.
RPC 07.05. Firm Names and Letterheads. Amend.
RPC 08.01. Bar Admission and Disciplinary Matters. Amend.
RPC 08.02. Judicial Officials. Amend.
RPC 08.03. Reporting Professional Misconduct. Amend.
RPC 08.04. Misconduct. Amend.
RPC 08.05. Disciplinary Authority; Choice of Law. Repeal & Reenact.
Supreme Court Order.

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