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

 

 

 

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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

 

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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. Paragraph (e)(1) was updated to fix a grammatical error.  

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

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Rules of Professional Conduct of the Rules Governing the Utah State Bar – Effective January 19, 2021

RPC06.05.  Short-term Limited Legal Services. AMEND. Broadens the term “short-term legal services” to include one-time consultations and representations through government- and law school-sponsored programs. Further provides that other lawyers in a firm are not disqualified from representing clients whose interests are adverse to a client who received short-term limited legal services from a lawyer in the firm if (1) the lawyer who provided the services is timely screened from the adverse clients’ matters, and (2) receives no fees from those matters.

Supreme Court Order

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Utah Supreme Court Rules of Professional Practice: Office of Professional Conduct, Rules Governing the Utah State Bar, and Rules Governing Licensed Paralegal Practitioners – Effective December 15, 2020

The final rule changes reflect the recommended reforms to lawyer discipline and disability proceedings and sanctions contained in the American Bar Association/Office of Professional Conduct Committee’s Summary of Recommendations (October 2018).
Adoption of Chapter 11 article 5 rules:
General provisions
CJA11-0501. Lawyer disciplinary and disability proceedings: purpose, authority, scope, and structure.
CJA11-0502. Definitions.
CJA11-0503. Oversight Committee for the Office of Professional Conduct.
CJA11-0504. Jurisdiction.
CJA11-0505. Statute of limitations.
Ethics and Discipline Committee
CJA11-0510. Ethics and Discipline Committee composition.
CJa11-0511. Screening panel composition; responsibilities.
CJA11-0512. Respondent subpoena petitions.
CJA11-0513. Committee clerk.
CJA11-0514. Disclosure, recusal, and disqualification.
Office of Professional Conduct composition and responsibilities
CJA11-0520. Chief Disciplinary Counsel and OPC counsel.
CJA11-0521. OPC prosecutorial powers and duties.
CJA11-0522. Ethics advisory opinions.
CJA11-0523. OPC investigative subpoenas.
CJA11-0524. Retaining records.
Prosecution and appeals
CJA11-0530. Unprofessional conduct Complaints.
CJA11-0531. Proceedings before Committee and screening panels.
CJA11-0532. Exceptions to screening panel determinations and recommendations.
CJA11-0533. General procedures.
CJA11-0534. Final Committee disposition.
CJA11-0535. Appealing a final Committee determination to the Supreme Court.
CJA11-0536. Actions in district court.
CJA11-0537. Failure to answer charges.
CJA11-0538. Appointment of trustee to protect clients’ interest when Lawyer disappears, dies, is suspended or delicensed, or is transferred to disability status.
CJA11-0539. Costs.
CJA11-0540. Immunity from civil suits.
CJA11-0541. Service.
CJA11-0542. Additional rules of procedure.
Diversion
CJA11-0550. Diversion referrals, authority, and responsibilities.
CJA11-0551. Circumstances warranting diversion.
CJA11-0552. Diversion contract.
CJA11-0553. Respondent’s participation in diversion.
CJA11-0554. Terminating diversion.
CJA11-0555. Diversion Costs.
Discipline
CJA11-0560. Grounds for discipline.
CJA11-0561. Accessing disciplinary information.
CJA11-0562. Disseminating disciplinary information.
CJA11-0563. Interim discipline for threat of harm.
CJA11-0564. Finding of guilt or entry of a plea to a crime.
CJA11-0565. Discipline by consent.
CJA11-0566. Resignation with discipline pending.
CJA11-0567. Reciprocal discipline.
CJA11-0568. Proceedings in which Lawyer is declared to be incompetent or alleged to be incapacitated.
CJA11-0569. Noncompliance with child support order, child visitation order, subpoena or order relating to paternity, or child support proceeding.
CJA11-0570. Notice of disability or suspension; return of clients’ property; refund of unearned fees.
Sanctions
CJA11-0580. Purpose and nature of sanctions.
CJA11-0581. Sanctions.
CJA11-0582. Factors to be considered in imposing sanctions.
CJA11-0583. Imposition of Sanctions.
CJA11-0584. Reserved.
CJA11-0585. Reserved.
CJA11-0586. Reserved.
CJA11-0587. Prior discipline orders.
CJA11-0588. Aggravation and mitigation. 

Reinstatement
CJA11-0590. Reinstatement following a suspension of no more than six months or probation.
CJA11-0591. Reinstatement following a suspension of more than six months; relicensure.
 
Repeal:
Repeal of Chapter 14 articles 5 and 6
Repeal of Chapter 15 articles 5 and 6
Repeal of Rule 11-501
 
Amending rules:
USB14-0102 . Regulating the practice of law.
USB14-0103. Bar organization and management.
USB14-0105. Proposing rules to regulate licensed lawyers,
licensed paralegal practitioners, and judicial officers.
USB14-0107. Duties of lawyers, foreign legal consultants,
and licensed paralegal practitioners.
USB14-0111. Practicing without a license prohibited.
USB14-0202. Bar’s purposes.
USB14-0207. Finances.
USB14-0208. Special rules and regulations.
USB14-0801. Definitions.
USB14-0904. Funding.
USB14-0912. Processing claims.
URGLPP15-0402. Definitions.
URGLPP15-0701. Definitions.
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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 – 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

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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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