Utah Code 17-18a-802. Representation by civil counsel — County is client
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(1)
Terms Used In Utah Code 17-18a-802
- Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:(2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and(2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
(1)(a) An attorney acting as civil counsel under this chapter represents an organization as a client in accordance with Rules of Professional Conduct, Rule 1.13.(1)(b) The county is the client organization described in Subsection (1)(a).
(2) The attorney:
(2)(a) does not represent a county commission, county agency, county board, county council, county officer, or county employee;
(2)(b) counsels with the county regarding civil matters; and
(2)(c) receives direction from the county through the county elected officers in accordance with the officers’ duties and powers in accordance with law.
(3) Notwithstanding Subsection (2)(a), the attorney may represent an employee named as a party in litigation:
(3)(a) with the approval of the county executive; and
(3)(b) if permitted by law and the Rules of Professional Conduct.