Category: RPC06.05

Rules of Professional Conduct and Rules Governing the Utah State Bar – Comment Period Closed August 1, 2020

Rules of Professional Conduct

Public Service

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.

Maintaining the Integrity of the Profession

RPC08.04. Misconduct. AMEND. Provides that it is professional misconduct for a lawyer to engage in conduct that is an unlawful, discriminatory, or retaliatory employment practice under Title VII of the Civil Rights Act of 1964 or the Utah Antidiscrimination Act. “Employer” means any person or entity that employs one or more persons. The amendments also provide that it is professional misconduct for a lawyer to egregiously violate, or engage in a pattern of repeated violations, of the Standards of Professionalism and Civility if such violations harm the lawyer’s client or another lawyer’s client or are prejudicial to the administration of justice.

Rules Governing the Utah State Bar

Standards of Professionalism and Civility

USB14-0301. Standards of Professionalism and Civility. AMEND. Rule 8.4(h) makes the provisions of this rule mandatory for all lawyers. Amendments further provide that lawyers shall avoid hostile, demeaning, humiliating, or discriminatory conduct in law-related activities. Law-related activities include, but are not limited to, settlement negotiations; depositions; mediations; court appearances; CLE’s; events sponsored by the Bar, Bar sections, or Bar associations; and firm parties. Discriminatory conduct includes all discrimination against protected classes as those classes are enumerated in the Utah Antidiscrimination Act of 1965, Utah Code section 34A-5-106(1)(a), and federal statutes, as amended from time to time.

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Rules of Professional Conduct

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
Rules of Professional Conduct – All
RPC 00.00. Preamble: A Lawyer’s Responsibilities. Amend.
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.

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