Category: RPC01.00

A new rule 5.8 is proposed that outlines requirements for fee sharing between lawyers. Along with this new rule, amendments are proposed to rule 1.0 to include definitions for fee sharing, legal fees, referral fees, and new comments for legal fees and referral fees. Furthermore, amendments are proposed to rules 1.5 and 5.4 to include language regarding fee sharing and referral fees.

RPC01.0. Terminology. AMEND.
RPC01.5. Fees. AMEND.
RPC05.4. Professional independence of a lawyer. AMEND.
RPC05.8. Fee sharing between lawyers. NEW.

RPC05.05. Unauthorized Practice of Law; Multijurisdictional Practice of Law. Amend. Clarifies that a non-Utah lawyer who is living in Utah may provide legal services remotely to clients in a jurisdiction where the lawyer is admitted. The lawyer must not establish a public-facing office nor hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

RPC01.00. Terminology. Amend. Defines a public-facing office as an office that is open to the public and provides a service that is available to the population in that location.

Following the recent enactment of rules authorizing licensed paralegal practitioners, the Rules of Professional Conduct have been amended to address interactions between lawyers and licensed legal practitioners. “Legal professional” is now the umbrella term for lawyers and licensed paralegal practitioners.

RPC01.00. Terminology.

RPC01.07. Conflict of Interest: Current Clients.

RPC01.10. Imputation of Conflicts of Interest: General Rule.

RPC01.11. Special Conflicts of Interest for Former and Current Government Employees.

RPC01.12. Former Judge, Arbitrator, Mediator or Other Third-Party Neutral.

RPC01.18. Duties to Prospective Client.

RPC02.04. Lawyer Serving as Third-Party Neutral.

RPC03.03. Candor toward the Tribunal.

RPC03.05. Impartiality and Decorum of the Tribunal.

RPC04.02. Communication with Persons Represented by Counsel.

RPC05.01. Responsibilities of Partners, Managers, and Supervisory Lawyers.

RPC08.03. Reporting Professional Misconduct.

RPC 01.00 Terminology. Amend. In conformity with amendments to Rule 3.3, adds the definition of “reckless or recklessly.”

RPC 03.03 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].