Utah Sup. Ct. R. Prof'l. Prac. 1.2
Utah. Sup. Ct. R. Prof'l. Prac. 1.2
Comment
Allocation of Authority Between Client and Licensed Paralegal Practitioner
[1] Paragraph (a) confers upon the client the ultimate authority to determine the purposes to be served by legal representation, within the limits imposed by law and the licensed paralegal practitioner's professional obligations. The decisions specified in paragraph (a), such as whether to settle a civil matter, must also be made by the client. See Rule 1.4(a)(1) for the licensed paralegal practitioner's duty to communicate with the client about such decisions. With respect to the means by which the client's objectives are to be pursued, the licensed paralegal practitioner shall consult with the client as required by Rule 1.4(a)(2) and may take such action as is authorized to carry out the representation.
[2] On occasion, however, a licensed paralegal practitioner and a client may disagree about the means to be used to accomplish the client's objectives. Because of the varied nature of the matters about which a licensed paralegal practitioner and client might disagree and because the actions in question may implicate the interests of a tribunal or other persons, this Rule does not prescribe how such disagreements are to be resolved. Other law, however, may be applicable and should be consulted by the licensed paralegal practitioner. The licensed paralegal practitioner should also consult with the client and seek a mutually acceptable resolution of the disagreement. If such efforts are unavailing and the licensed paralegal practitioner has a fundamental disagreement with the client, the licensed paralegal practitioner may withdraw from the representation. See Rule 1.16(b)(4). Conversely, the client may resolve the disagreement by discharging the licensed paralegal practitioner. See Rule 1.16(a)(3).
[3] At the outset of a representation, the client may authorize the licensed paralegal practitioner to take specific action on the client's behalf without further consultation. Absent a material change in circumstances and subject to Rule 1.4, a licensed paralegal practitioner may rely on such an advance authorization. The client may, however, revoke such authority at any time.
[4] In a case in which the client appears to be suffering diminished capacity, the licensed paralegal practitioner's duty to abide by the client's decisions is to be guided by reference to Rule 1.14.
Independence from Client's Views or Activities
[5] Legal representation should not be denied to people who are unable to afford legal services or whose cause is controversial or the subject of popular disapproval. By the same token, representing a client does not constitute approval of the client's views or activities.
Agreements Limiting Scope of Representation
[6] Reserved.
[7] This Rule affords the licensed paralegal practitioner and client substantial latitude to limit the representation to that which is reasonable under the circumstances. If, for example, a client's objective is limited to securing general information about the law the client needs in order to handle a common and typically uncomplicated legal problem, the licensed paralegal practitioner and client may agree that the licensed paralegal practitioner's services will be limited to a brief telephone consultation. Such a limitation, however, would not be reasonable if the time allotted were not sufficient to yield advice upon which the client could rely. The limitation on representation is a factor to be considered when determining the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. See Rule 1.1.
[8] All agreements concerning a licensed paralegal practitioner's representation of a client must accord with the Licensed Paralegal Practitioner Rules of Professional Conduct and other law. See, e.g., Rules 1.1, 1.8 and 5.6.
Criminal, Fraudulent and Prohibited Transactions
[9] Paragraph (d) prohibits a licensed paralegal practitioner from knowingly counseling or assisting a client to commit a crime or fraud, but the fact that a client uses advice in a course of action that is criminal or fraudulent does not of itself make a licensed paralegal practitioner a party to the course of action.
[10] When the client's course of action has already begun and is continuing, the licensed paralegal practitioner's responsibility is especially delicate. The licensed paralegal practitioner is required to avoid assisting the client, for example, by drafting or delivering documents that the licensed paralegal practitioner knows are fraudulent or by suggesting how the wrongdoing might be concealed. A licensed paralegal practitioner may not continue assisting a client in conduct that the licensed paralegal practitioner originally supposed was legally proper but then discovers is criminal or fraudulent. The licensed paralegal practitioner must, therefore, withdraw from the representation of the client in the matter. See Rule 1.16(a). In some cases, withdrawal alone might be insufficient. It may be necessary for the licensed paralegal practitioner to give notice of the fact of withdrawal and to disaffirm any document, affirmation or the like. See Rule 4.1.
[11] Where the client is a fiduciary, the licensed paralegal practitioner may be charged with special obligations in dealings with a beneficiary.
[12] Paragraph (d) applies whether or not the defrauded party is a party to the transaction. Hence, a licensed paralegal practitioner must not participate in a transaction to effectuate criminal or fraudulent avoidance of tax liability.
[13] If a licensed paralegal practitioner comes to know or reasonably should know that a client expects assistance not permitted by the Licensed Paralegal Practitioner Rules of Professional Conduct or other law or if the licensed paralegal practitioner intends to act contrary to the client's instructions, the licensed paralegal practitioner must consult with the client regarding the limitations on the licensed paralegal practitioner's conduct. See Rule 1.4(a)(5).
[14] Licensed paralegal practitioners are encouraged to advise their clients that their representations are guided by the Utah Standards of Professionalism and Civility and to provide a copy to their clients.