Category: RPC08.04

Rules of Professional Conduct – Effective December 19, 2018

RPC07.05.  Firm Names and Letterheads. Amend. Comment [1] is amended to conform to current practice, which is to allow the inclusion of both retired and deceased partners’ names in firm names if there has been a continuing succession in the firm’s identity such that the firm name has become a trade name.

RPC08.04. Misconduct. Amend. Comment [1a] is amended in response to In re Discipline of Steffensen, 2018 UT 53, Footnote 7, to eliminate confusion as to what sanctions may be applicable for a violation of Rule 8.4. The comment now provides that an act of professional misconduct under Rule 8.4(b), (c), (d), (e), (f), (g), or (h) cannot be counted as a separate violation of Rule 8.4(a) for the purpose of determining sanctions. Conduct that violates other Rules of Professional Conduct, however, may be a violation of Rule 8.4(a) for the purpose of determining sanctions.

Supreme Court Order

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Rules of Professional Conduct 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
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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