In this complaint, plaintiff charges defendants with intentional interference with the attorney/client relationship. The plaintiff states that the actions of the defendants in interfering with the attorney/client relationship were willful, wanton, malicious and obtrusive and that punitive damages should be accessed against the defendants.
Interference With Attorney Client Relationship In Utah
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US-000295
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¶ 3 Under Rule 1.6(a) of the Utah Rules of Professional Conduct, “a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).” ...
(a) A lawyer shall not, without informed written consent from each client and compliance with paragraph (d), represent a client if the representation is directly adverse to another client in the same or a separate matter.
Rule 1.1. Competence. Legal Knowledge and Skill. Thoroughness and Preparation. Retaining or Contracting With Other Lawyers. Maintaining Competence.
¶ 3 Under Rule 1.6(a) of the Utah Rules of Professional Conduct, “a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).” ...
A: Under Rule 1.7 of the Rules of Professional Conduct, attorneys are prohibited from representing clients who are directly adverse from each other in the same litigation or in instances where there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's interest ...
1.6 Confidentiality of Information. (a) A lawyer shall not reveal a confidence or secret of a client unless, (i) the client gives informed consent; (ii) the lawyer reasonably believes that disclosure is authorized in order to carry out the representation; or (iii) the disclosure is permitted by paragraph (b).
One of the most frequent ethical dilemmas in legal practice is the conflict of interest. This occurs when a lawyer's duty to one client is compromised by their duty to another client, a third party, or their own interests.
§ 78B-1-137 (2) (“An attorney cannot, without the consent of the client, be examined as to any communication made by the client to the attorney or any advice given regarding the communication in the course of the professional employment.”); see also Utah R. Evid. 504 (defining the scope of “lawyer-client” privilege).