Category: -Rules of Professional Conduct

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 08.04 Misconduct. Amend. Adds new ABA Model Rule paragraph (g), which provides that it is professional misconduct for a lawyer to engage in conduct that the lawyer knows or reasonably should know is harassment or discrimination on the basis of race, sex, religion, national origin, ethnicity, disability, age, sexual orientation, gender identity, marital status or socioeconomic status in conduct related to the practice of law.

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].

RPC 08.04. Misconduct. Amend. The added comment puts attorneys on notice that an egregious violation or a pattern of repeated violations of the Standards of Professionalism and Civility can result in a violation of this rule.

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 01.10. Imputation of Conflicts of Interest: General Rule. Amend. Redefines “firm” for purposes of determining conflict imputation.

USBRPC 08.02. Judicial Officers. Amend. Prohibits knowingly making a false statement about the judicial system. Encourages lawyers to defend the judicial system.
The Advisory Committee on the Rules of Professional Conduct has withdrawn the proposed amendments to Rule 8.2 without submitting them to the Supreme Court.