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Utah State Bar Ethics Advisory Opinion Committee
Opinion No. 01-05
Issue: What are the ethical implications for a real estate broker who includes in his promotional material that he is also a lawyer?
Opinion:
A lawyer functioning in a law-related profession, such as real estate brokerage, who holds out as either an active or inactive lawyer will be subject to the Utah Rules of Professional Conduct while engaged in that law-related profession.
Opinion No. 01-06
Issue: May a private practitioner who serves as a part-time county attorney represent private clients in connection with protective-order hearings?
Opinion:
The private representation by a part-time county attorney of individuals at protective-order hearings is not a per se violation of the Utah Rules of Professional Conduct. However, the county attorney must fully inform the client that he will not be able to continue the representation if the client later becomes a criminal defendant in his county, and that he will have to withdraw as counsel. The county attorney must also determine, on a case-by-case basis, the likelihood that this potential conflict of interest between his prosecutorial duties and the interest of his private client will actually arise.
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