Utah Includes Mental, Physical, and Emotional Health of Lawyers Within Duty of Competence

On May 17, 2023, Utah joined several other states to include language about the mental, physical, and emotional health of lawyers within its comments to Rule 01.01 of the Utah Rules of Professional Conduct. The Utah Supreme Court has approved the following amendment to the comments of Rule 01.01:

RPC01.01. Competence. AMEND. Adds comment [9], which states, “Lawyers should be aware that their mental, emotional, and physical well-being may impact their ability to represent clients and, as such, is an important aspect of maintaining competence to practice law and compliance with the standards of professionalism and civility. Resources supporting lawyer well-being are available through the Utah State Bar.”

The states of Vermont, Virginia, and California also include language similar to that of the new comment to the Utah rule on lawyer competence.

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