March 1999 Volune 12 No3 - Utah State Bar

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22 Utah State Bar Ethics Advisory Opinion Committee The following statements of Ethics Advisory Opinions are sum- maries only. You (the practitioner?) should obtain a full copy of an opinion before taking any definitive action related to the subject of the opinion. Full-text copies may be obtained by subscription through the Bar offces; on the Bar's website at Ww.utahbar.org; or from on-line servces such as Westlaw. OPINION NO. 98-15 Issue: Maya lawyer, who identifes himself as a lawyer, write an article or letter to the editor for a non-legal publication on (a) a legal subject or (b) a non-legal subject? Opinion: Generally, a lawyer, identifed as a lawyer, may write for publication about any subject matter, subject to certain limitations such as compliance with Rule 3.6 on trial publicity. OPINION NO. 99-01 Question: What are an attorney's ethical obligations when the attorney or his client has lawflly obtained an attorney-client communication between an opposing party and opposing counsel under conditions where the opposing part may not have intended to waive the attorney-client privilege? Opinion: A lawyer is required to bring to the attention of opposing counsel the receipt of any such communication unless it is clear from the circumstances that the attorney-client privilege has been intentionaly waived. Notice of Ethics & Discipline Committee Vacancies The Bar is seeking interested volunteers to fi nine vacancies on the Utah State Bar Ethics & Discipline Commttee. The Ethics & Discipline Committee is divided into four panels which hear al informal complaints charging unethical or unprofessional conduct against members of the Bar and determine whether or not informal disciplinary action should result from the complaint or whether a formal complait shal be fied in district court against the respondent attorney. Appointments to the Ethics & Disciplie Commttee are made by the Utah Supreme Court upon recommendations of the Bar Commission. Please send resume to John C. Baldwin, Utah State Bar, 645 South 200 East, Salt Lake City, UT 84111 no later than May 1, 1999. Ethics Opinions Available The Ethics Advisory Opinion Committee of the Utah State Bar has compiled a compendium of Utah ethics opinions that are now avaiable to members of the Bar for the cost of $20.00. Seventy-seven opinions were approved by the Board of Bar Commssioners between January 1,1988 and January 29, 1999. For an additional $10.00 ($30.00 total) members wil be placed on a subscription list to receive new opinons as they become available during 1998. Quantity Emics OPINIONS ORDER FORM Utah State Bar Ethics Opinions Ethics Opinions/ Subscription list Please make al checks payable to the Utah State Bar Amount Remitted ($20.00 each set) ($30.00 both) Mai to: Utah State Bar Ethics Opinons, ATN: Christine Critchley 645 South 200 East #310, SaltLake City, Utah 84111. Name Address City State Zip Please alow 2-3 weeks for delivery Notice from the Appellate Courts January 1, 1999, the Utah Supreme Court and the Utah Court of Appeals began to number their released decisions and to number the paragraphs within those decisions. Such numbering is a necessar prerequisite to the development of any so-caled universal or public domain citation form. Implementation of the numbering system should not be interpreted by practitioners as permission to use an electronic case law citation- in place of the usual print case law citation in documents fied in the Utah courts. However, practitioners are welcome to include an electronic case cite so long as there is a paralel cite to the offcial print reporter. Please be assured that the Bar wil be given appropriate notice should the Supreme Court adopt a universal citation form. Any questions or comments regarding the citation issue should be directed to Matty Branch, Appellate Court Administrator, P.O. Box 140210, Salt Lake City UT 84114-0210; (80l) 578-3900; mattb(gemail.utcourts.gov. --
Legal Community Kicks Off Campaign for Civil Legal Services More than 250 lawyers across Utah kicked off their joint fundraising campaign caled "AN JUSTICE FOR ALL" on January 27th evening at the Scott M. Matheson Courthouse Rotunda. The campaign is designed to raise money from lawyers to preserve and improve free civil legal services to citizens in need across Utah. The campaign hopes to raise $825,000 annually by asking every attorney in the state to donate the dollar equivalent of two bilable hours. The funds wil go to support the programs and services of the Disability Law Center, Legal Aid Society and Utah Legal Services. Former First Lady of Utah, Norma Matheson, welcomed atten- dees to the courthouse bearing the name of her husband, Scott M. Matheson. Mrs. Matheson told how her decades of advocacy for seniors had demonstrated the need for legal services. Utah Supreme Court Chief Justice Howe encouraged attorneys to participate in this important campaign. Governor Mike Leavitt declared Januar 27, 1999 "AN JUSTICE FOR ALL" day in Utah. The offcial proclamation was read by Utah State Bar President, Jim Jenkins of Olson & Hoggan in Logan. President James E. Faust of the First Presidency of the Church of Jesus Christ ofLatter-day Saints presented a $100,000 chalenge grant from The Church of Jesus Christ of Latter-day Saints Foundation to the campaign. In order to secure the grant, the campaign must raise $300,000 from members of the Bar. Presi- dent Faust recalled how, as a young attorney, he was caled on frequently to provide pro bono servces. He urged every attorney in the state to give financial support to the campaign to "make this edifce and al courts a temple of justice available to everyone". President Faust also voiced support for the contribu- tion standard, saying "I think the request to give two bilable hours is a very modest request." During the kick off, checks were presented by 22 law firms and solo practitioners - and even the agency attorneys themselves - representing pledges of $167,000. "AN JUSTICE FOR ALL" Cam- paign Chair, Alan Sullvan, said "It is heartening to see such a broadspectfUm of the legal community coming together to support this important initiative. From solo practitioners in smal towns, government lawyers, corporate counsel to the state's leadig firms - each branch of our profession under- stands that justice means nothing unless both rich and poor have access to the legal system". The $167,000 dollars pledged represents the participation of 544 of 5,385 attorneys from across the state of Utah. Ane Mie, Executive Director of Utah Legal Servces declared that, ". . . afer 20 years of providing civil legal services to the poor, I am overwhelmed by the support and appreciation we received on behal of our clients and potential clients from our colleagues at the kick off." TIE NEED FOR CIVIL LEGAL SERVICES IS GROWING The partner agency attorneys are the primary source of civi legal representation for the poor and disabled throughout Utah. It is a sizeable chalenge because there is: · 1 attorney for every 494 Utah residents; · 1 civi legal servces attorney for every 8,235 poor persons; and · 1 disabilty rights lawyer for every 49,428 persons with disabilties in Utah. The agencies' clients are as diverse as Utah - encompassing all races, religions, ethnic groups and ages. They include the work- ing poor, children with Down's Syndrome, residents of the state mental hospital, veterans, the homeless and victims of domestic violence. Together the partner agencies share a responsibilty to serve individuals who cannot afford a private attorney, who have diculty understanding the legal system, who live outside the margins of our society, and who are disenfranchised by reason of disabilty, poverty, migrant status, or race. COST EFFECTIVE SERVICES The agencies' delivery of legal services is a model of effcient resolution of disputes and avoidance of unnecessary litigation. Only a smal percentage of cases, 27% in 1997, were resolved with a court decision, and the vast majority of these are family law or public benefit cases that require resolution by a court or judge. A range of legal and non-legal avenues is used to resolve. problems, including mediation, negotiation, self advocacy train- ing and support, alternative dispute resolution and investigation and monitoring. LIMITED RESOURCES MEAN LIMITED SERVICES In 1998, "AN JUSTICE FOR ALL" agencies provided assistance to 16,134 individuals, including: · women and chidren escaping abuse; · chidren with disabilties seeking equal access to public education; · famies and indivduals facing eviction from their homes; and · abused or neglected adults and chidren living in the state's institutions. ~ta~ ~ar 23
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March 1999 Volune 12 No3 - Utah State Bar

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