Category: -Rules of Professional Conduct

Rules of Professional Conduct – Comment Period Closed October 17, 2025

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.

 

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Rules of Professional Conduct – Comment Period Closed April 25, 2025

Rule 3.3. Candor toward the tribunal. AMEND. The amendments align the rule and intent with the model rule as was originally done.  Utah restructured this rule by renumbering paragraphs from the model rule.  In doing so, the model language (now in subsection (d)) included that “the duties stated in paragraphs (a) and (b)” required disclosure but omitted the new paragraph (c).  The language of Utah paragraph (c) is found in model rule paragraph (b).  The comments were also amended to reflect correct citations.  The Court has also removed the language “or is reckless with respect to its truth” from Comment 1.  The Court approves this rule as final with an effective date of May 1, 2025, while simultaneously publishing it for public comment pursuant to CJA Rule 11-105.

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Rules of Professional Conduct – Comment Period Closed December 9, 2024

Rule 3.3. Candor toward the tribunal. AMEND. The proposed amendment would align the rule and intent with the model rule as was originally done.  Utah restructured this rule by renumbering paragraphs from the model rule.  In doing so, the model language (now in subsection (d)) included that “the duties stated in paragraphs (a) and (b)” required disclosure but omitted the new paragraph (c).  The language of Utah paragraph (c) is found in model rule paragraph (b).  The comments were also amended to reflect correct citations.

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Rules of Professional Conduct – Comment Period Closed September 2, 2023

RPC07.01. Communications Concerning a Lawyer’s Services. AMEND. Rule 7.1 was recently circulated for comment in response to a petition to the Supreme Court. That petition expressed concern about the direct solicitation of potential clients soon after traumatic events. The petition proposed returning to the Rules of Professional Conduct a ban on direct solicitation. Such a ban previously appeared in Rule 7.3 and still appears in the ABA Model Rule. The Utah Supreme Court eliminated the ban on direct solicitation in 2020. The proposed amendments that were drafted in response to the petition generated a large number of comments in opposition. Using Fla. Bar v. Went For It, Inc., 515 U.S. 618, 620–21 (1995) as a guide, the rule was redrafted to more narrowly address the petition’s concerns. That rule proposal is now the subject of this comment period.

RPC08.04. Misconduct. AMEND. Rule 8.4 circulated for comment last year. The proposal attempted to codify in a new paragraph (2) Ethics Advisory Opinion 02-05, which concluded that 8.4(1)(c) (conduct involving dishonesty, fraud, deceit or misrepresentation) does not apply to government attorneys overseeing an otherwise legal undercover criminal investigation. The proposal as written received a number of comments in opposition. A new proposal, which is now the subject of this comment period, provides that while it is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation, a lawyer may participate in lawful investigatory activities employing deception for the purpose of detecting ongoing violations of law. Those lawful investigatory activities include governmental “sting” operations; use of testers in fair-housing cases to determine whether landlords or real estate agents discriminate against protected classes of applicants; and gathering evidence of copyright violations.

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Rules of Professional Conduct and Rules Governing the Utah State Bar – Comment Period Closed December 23, 2022

RULES OF PROFESSIONAL CONDUCT

RPC08.03. Reporting Professional Misconduct. Amend. Clarifies that a lawyer or judge participating in a Utah State Bar-sponsored fee dispute resolution program is not required to disclose information gained in that program to the Office of Professional Conduct.

RULES GOVERNING THE UTAH STATE BAR

USB14-0111. Exemption from future testimony and confidentiality of records and information. Amend. Clarifies when the Bar may disclose confidential information and what information it may disclose; also clarifies that a Fee Dispute Resolution Committee member who participates in a fee dispute arbitration may not be called as a witness in any subsequent legal proceeding related to the fee dispute.

USB14-0116. Conduct of the mediation. Amend. Permits the fee dispute mediator to serve notice of the mediation by email on the mediating parties.

 

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Rules of Professional Conduct – Comment Period Closed August 28, 2022

RPC01.16. Declining or terminating representation. AMEND. In accordance with Strickland v. Washington, 466 U.S. 668 (1984), Roe v. Flores-Ortega, 528 U.S 470 (2000), and ABA Standard 4-9.1, codifies in new paragraph (e) the ethical obligation of defense counsel to secure a criminal defendant’s right to appeal.

RPC08.04(c). Misconduct. AMEND. Codifies in new paragraph (2) Ethics Advisory Opinion 02-05, which concluded that 8.4(1)(c) (conduct involving dishonesty, fraud, deceit or misrepresentation) does not apply to government attorneys overseeing an otherwise legal undercover criminal investigation.

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Rules of Professional Conduct – Comment Period Closed December 23, 2021

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.

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Rules of Professional Conduct – Comment Period Closed January 17, 2021

Proposed 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.

Preliminary Notes

RPC01.00. Terminology.

RPC01.01. Competence.

RPC01.02. Scope of representation and allocation of authority between client and lawyer.

RPC01.05. Fees.

RPC04.02. Communication with persons represented by legal professionals.

RPC06.01. Voluntary pro bono legal service.

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