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Rule 504, URE – Update and Recent Revisions to the Attorney-Client Privilege Rule

Rule 504, URE – Update and Recent Revisions to the Attorney-Client Privilege Rule. Judge Linda Jones Utah 3 rd District Court John R. Lund Nicole Salazar-Hall Parsons Behle & Latimer. Rule 504. Overview. Rule 504. Who Can Be “in the room?” Four Categories of Client Representatives

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Rule 504, URE – Update and Recent Revisions to the Attorney-Client Privilege Rule

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  1. Rule 504, URE – Update and Recent Revisions to the Attorney-Client Privilege Rule Judge Linda Jones Utah 3rd District Court John R. Lund Nicole Salazar-Hall Parsons Behle & Latimer

  2. Rule 504 Overview

  3. Rule 504 Who Can Be “in the room?” Four Categories of Client Representatives URE 504(a)(6)

  4. Checklist for Client Representatives 1. A client representative must be authorized by the client. 2. A client must intend that the communication between the client representative and the attorney or attorney representative be confidential and protected by the privilege. 3. The client must reasonably believe the client representative will hold communications in confidence. 4. The client representative’s involvement must satisfy the rule: • To obtain legal services; • To act on advice; or • To provide assistance that is reasonably necessary to facilitate the client’s confidential communications. • Or the client representative is an employee or agent of the client and is authorized to disclose confidential information regarding a legal matter.

  5. Rule 504 What Qualifies as a “Confidential Communication?” URE 504(a)(7) and 504(b)(1)

  6. Checklist for Confidential Communications For a communication to be considered confidential and privileged it must be: • Made for the purpose of or in the course of obtaining, facilitating, or rendering legal services. 504(b)(1) • Either (A) the advice, direction, or guidance of the lawyer or (B)disclosures of the client or client’s representative incidental to the client’s legal services. 504(a)(7)(A) and (B) • Intended to be confidential. 504(a)(8)

  7. Rule 504 Who Can be Involved in the Communications? URE 504(b)(2)

  8. Combinations to Consider Client + Lawyer Client + Lawyer + Lawyer’s Reps Client + Client Reps + Lawyer (within CR’s authorized scope.) Client + Lawyer’s Rep. Client Rep. + Lawyer (within CR’s authorized scope.) Client Representative + Lawyer’s Representative

  9. Combinations with a Common Interest • If there is a Common Interest - • Client A + Client B + Lawyer for A + Lawyer for B • Client A rep + Client B + Lawyer for A and Lawyer or Lawyer Rep. for B • Client A + Client B • Client A + Client B + Lawyer for A • Lawyer for A + Lawyer for B with no clients present?

  10. Rule 504 Questions? Comments?

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