Category: -Rules of Professional Conduct

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

 

 

 

Continue Reading

Rules of Professional Conduct – Effective February 5, 2021, and Rules of Civil Procedure – Effective May 1, 2021

RULES OF PROFESSIONAL CONDUCT

RPC05.07. Responsibilities Regarding Law-Related Services. TECHNICAL AMENDMENT. Brings the rule in line with recent advertising rule amendments by amending Comment [10]. Effective February 5, 2021. 

Supreme Court Order for RPC 5.7

RULES OF CIVIL PROCEDURE

URCP065C. Post-conviction relief. AMEND. Addresses service of post-conviction petitions and the underlying court record. Effective May 1, 2021. 

Supreme Court Order for URCP 65C

 

Continue Reading

Rules of Civil Procedure, Rules of Criminal Procedure, Rules of Appellate Procedure, and Rules of Professional Conduct – Effective May 1, 2021

Rules of Civil Procedure

URCP083. AMEND. The proposed amendments would bring represented parties into the rule’s purview. They would also permit any court to rely on another court’s vexatious litigant findings and order their own restrictions.

Rules Governing Constitutional Challenges

The following amendments to Civil Rule 24,Criminal Rule 12, and Appellate Rule 25A  are intended to better coordinate the provisions addressing constitutional challenges. The amendments do the following:

  • Address service on the Attorney General and other governmental entities;
  • Broaden the kinds of challenges that may arise;
  • Clarify that it is the governmental entity that responds, not the county or municipal attorney (which can be a contracted position in certain jurisdictions);
  • Eliminate outdated language in Civil Rule 24 in favor of the updated federal language;
  • Clarify in each rule the process and timing for the Attorney General or other governmental entity to respond to a constitutional challenge; and
  • Eliminate the requirement in Appellate Rule 25A that the Attorney General state the reasons for declining to file an amicus brief.

URCP024 – Redline and URCP024 – Clean

URCrP012 – Redline

URAP025A – Redline

Rules of Professional Conduct

RPC05.04. Professional Independence of a Lawyer. AMEND. Adds a clarifying comment to the rule.

Supreme Court Order for Civil Rules 83 and 24

Supreme Court Order for Criminal Rule 12

Supreme Court Order for Appellate Rule 25A

Supreme Court Order for Rules of Professional Conduct Rule 5.4

Continue Reading

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

Continue Reading

Rules of Professional Conduct – Effective November 1, 2017

RPC01.00 Terminology. Amend. In conformity with amendments to Rule 3.3, adds the definition of “reckless or recklessly.”

RPC03.03. Candor toward the Tribunal. Amend. In response to In re Larsen, 2016 UT 26, adds a prohibition against a lawyer “recklessly” making false statements to a tribunal and repeals and reenacts Comment [3].

RPC01.04 Technical amendment only.

RPC01.06 Technical amendment only.

RPC01.07 Technical amendment only.

RPC01.08 Technical amendment only.

RPC01.09 Technical amendment only.

RPC01.10 Technical amendment only.

RPC01.11 Technical amendment only.

RPC01.12 Technical amendment only.

RPC01.17 Technical amendment only.

RPC01.18 Technical amendment only.

RPC02.03 Technical amendment only.

RPC02.04 Technical amendment only.

RPC03.05 Technical amendment only.

Supreme Court Order

Continue Reading
Continue Reading

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

Continue Reading
Continue Reading
Continue Reading

Rules of Professional Conduct

RPC01.12. Former Judge, Arbitrator, Mediator or Other Third-Party Neutral. Amend. Amendment in conjunction with changes to RPC 2-4. Effective: November 1, 2006
RPC02.04. Lawyer Serving as Third-Party Neutral. Amend. Provides what a lawyer serving as a mediator may and must do. Effective: November 1, 2006
Supreme Court Order

Continue Reading