Unauthorized Disclosure of Documents
By: Keith A. Call
What if someone surprises you by intentionally giving you documents helpful to your case that they did not have the authority to give you?
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There’s a Shark in the “Safe Harbor”! by Utah Attorney Keith A. Call
By: Keith A. Call
As Justice Durrant put it: “Going forward from today’s opinion, attorneys will be on notice that the Safe Harbor Rule has no application to an otherwise acceptable interpretation of an ethics opinion that has been effectively foreclosed by an opinion from this court.”
Horse-Shedding Witnesses
By: Keith A. Call
Conscientious lawyers aim to advocate zealously for their clients within the bounds of ethical and professional duties. But vigorous representation can tempt the unscrupulous to betray those duties.
Advocating “Truth” at Trial
By: Keith A. Call
Zealously advocating truth at trial is a very nuanced endeavor. In general, lawyers cannot knowingly or recklessly make false statements of fact at trial, they may not knowingly present false evidence, and they must use judgment if they reasonably believe the evidence is false.
Lawyer Discipline Process
By: Keith A. Call
With your livelihood and license to practice law potentially on the line, it may be wise to seek professional help in responding to a complaint from the OPC.
Lawyer Discipline Rules Amended
By: Keith A. Call
Some of the rule changes are designed to foster greater independence between the Office of Professional Conduct and the Utah State Bar.
Should I Tell My Client I Am Friends With Opposing Counsel?
By: Keith A. Call
If nothing else, Opinion 494 should make us all think about our personal relationships with other lawyers and whether there is anything in our relationships with opposing counsel that might materially impact our duty of undivided loyalty and zealous advocacy on behalf of our clients.
Appreciating Differences Through Personal Connection
By: Keith A. Call
Ruth Bader Ginsberg left a legacy far greater than just her judicial opinions. In an age of ideological polarization and high levels of social contention, she somehow mastered the art of vigorously promoting her views while, at the same time, reaching across ideological divides to make personal, meaningful connections, never losing sight that another person’s views do not make him or her a bad person.
Protecting Clients and the Profession When Changing Law Firms
By: Keith A. Call
Lawyers have a duty to represent clients with diligence, keep the client reasonably informed, and make reasonable efforts to expedite litigation consistent with the interests of the client.
Titanic Changes to Rules of Professional Conduct Under Consideration
By: Keith A. Call
As stated in proposed Standing Order No. 15, “the overarching goal of this reform is to improve access to justice.” Standing Order No. 15 (Draft), p. 5. The proposed Order cites formal studies showing that a high percentage of the public facing civil legal problems receives “inadequate or no legal help.”