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Utah court rules change lawyer fee sharing, discovery, and child interviews

Utah court rules change lawyer fee sharing, discovery, and child interviews

Rule Changes

New professional-conduct Rule 5.8 and a set of civil-procedure amendments took effect November 1.

Yesterday: Rule package takes effect

Overview

Updated 1 hour ago

On November 1, 2026, Utah's courts put a package of rule changes into effect. A lawyer who switches firms no longer needs the old firm's signature to transfer a client's file, and lawyers who split a fee must get the client's written consent.

The same package adds the first detailed procedure for judges who interview children in custody cases. It also trims paperwork rules for depositions and discovery disputes.

Why it matters

New fee-sharing consent rules and the end of former-counsel sign-off change what a Utah client's bill and file transfer can look like.

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Key Indicators

6
Civil-procedure rules changed
Rules 29, 30, 37, 74, 105 and new Rule 110 took effect November 1.
1,500
Word cap on discovery-issue statements
Rule 37 now limits statements of discovery issues to four pages or 1,500 words.
1
New professional-conduct rule
Rule 5.8 governs how lawyers divide a fee and is not part of the ABA Model Rules.

Voices

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People Involved

JP
Jill M. Pohlman
Associate Chief Justice, Utah Supreme Court
Signed the August 2026 order adopting new Rule 103 and Rule 86 amendments
JC
Judge Conklin
Member, Utah Supreme Court Advisory Committee on Rules of Civil Procedure
Explained the committee's reasoning on Rule 110
MI
Marian Ito
Commissioner, Utah Supreme Court Advisory Committee on Rules of Civil Procedure
Seconded the motion to forward Rule 110 to the Supreme Court

Organizations Involved

Utah Supreme Court
Utah Supreme Court
State supreme court
Approved and promulgated the November 1, 2026 rule package

Utah's highest court, which approves amendments to the state's civil and professional-conduct rules.
US
Utah Supreme Court Advisory Committee on Rules of Civil Procedure
Advisory committee
Reviewed public comments and forwarded Rule 110 to the Supreme Court

The body that reviews proposed civil-procedure rules and sends recommendations to the Utah Supreme Court.
Utah Courts
Utah Courts
State court system
Published the approved rules and effective dates

The administrative arm of Utah's judiciary, which publishes approved rule changes.

Timeline

April 2026 November 2026

6 events Latest: Yesterday
Tap a bar to jump to that date

  1. Rule package takes effect

    Latest Effective date

    The professional-conduct and civil-procedure changes apply across Utah courts.

  2. Civil-procedure amendments approved

    Order

    Supreme Court approves changes to Rules 29, 30, 37, 74, 105 and new Rule 110.

  3. Professional-conduct rules approved

    Order

    Supreme Court approves new Rule 5.8 and amendments to Rules 1.0, 1.5, 5.4, 1.4 and 8.4.

  4. Committee forwards Rule 110 to Supreme Court

    Rulemaking

    The advisory committee votes unanimously to send the child-interview rule for final approval.

  5. Court adopts Rule 103 and Rule 86 changes

    Order

    Associate Chief Justice Pohlman signs an order adopting the rules, effective November 1.

  6. Committee reviews draft child-interview rule

    Rulemaking

    Advisory committee materials lay out proposed Rule 110 on judicial interviews of minor children.

Scenarios

1

First Rule 5.8 fee-sharing dispute reaches a Utah court

Possible Resolves by Nov 1, 2027

Discussed by: Utah legal-ethics observers tracking the new rule

A client or lawyer challenges a fee split under the new consent and reasonableness standards. The case would test how strictly courts read the written-agreement requirement and the ban on raising a client's total fee because a fee is shared.

2

Rule 110 child-interview procedures draw an appellate challenge

Possible Resolves by Nov 1, 2027

Discussed by: Family-law practitioners and the advisory committee's public-comment record

A parent contests how a judge conducted or recorded a child interview, or who was allowed to see the record. An appeal would set the first binding interpretation of the new rule's access and recording requirements.

3

Rules take effect without near-term litigation

Uncertain Resolves by Nov 1, 2027

Discussed by: Court administrators and rule-drafters

The changes are absorbed through routine practice: lawyers file substitution notices without former-counsel signatures, discovery statements stay under the cap, and judges follow the child-interview checklist. No published dispute tests the new text in the first year.

Historical Context

2 moments from history that rhyme with this story — and how they unfolded.

1983

ABA Model Rules of Professional Conduct (1983)

The American Bar Association adopted model rules that most states use as a template for lawyer conduct, including limits on how lawyers may divide fees. States adopt their own versions, so the details vary.

Then

States revised their professional-conduct codes to track the model rules.

Now

The model rules became the common baseline for lawyer discipline across the country.

Why this matters now

Utah's new Rule 5.8 is explicitly not part of the ABA Model Rules, making it a state-specific departure from the common template.

Model act

Uniform Judicial Interview of Children Act

A uniform model law gives states a framework for how judges may interview children in custody and related proceedings, covering when interviews happen, who attends and how records are kept.

Then

States adopting it gained a shared set of procedural safeguards.

Now

The model became a reference point for balancing a child's best interest against parents' due-process access to evidence.

Why this matters now

Utah's Rule 110 is adapted from this act, and the advisory committee cited the same balance when it kept parental access to interview recordings.

Sources

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Utah Courts Court Cast Utah Courts Utah Courts Utah Courts Utah Courts Utah Courts Utah Courts