Office of Bar Counsel, 0417 WYBJ, Vol. 40 No. 2. 12

AuthorMark W. Gifford Wyoming State Bar Office of Bar Counsel Cheyenne, Wyoming

Office of Bar Counsel

Vol. 40 No. 2 Pg. 12

Wyoming Bar Journal

April, 2017

Wyoming’s Rules of Professional Conduct: Top 10 Myths and Misconceptions

Mark W. Gifford Wyoming State Bar Office of Bar Counsel Cheyenne, Wyoming

1. The Rules require professionalism and civility of lawyers.

Not so. The words “professionalism” and “civility” are not to be found among the 61,483 words that comprise the Wyoming Rules of Professional Conduct. To remedy that deficiency, in 2013 the Wyoming Supreme Court adopted Rule 801(a) of the Uniform Rules of the District Courts, which also applies in the Circuit Court. Wyoming’s Rule 801(a), which requires professionalism and civility of lawyers in litigation matters, has attracted attention nationally. Both Colorado and Illinois are considering adoption of a similar rule.

2. Lawyers have an obligation to report all Rules violations.

Although Rule 8.3(a) does contain a reporting obligation, it is narrowly drawn: “A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects, shall inform the appropriate professional authority.” Comment [3] says, “This Rule limits the reporting obligation to those offenses that a self-regulating professional must vigorously endeavor to prevent.” Lawyers have a similar obligation with respect to judicial misconduct.

3. All attorney-client communications are confidential.

Rule 1.6 obligates a lawyer to protect confidential information “relating to the representation of a client” unless the client consents. Rule 1.0(b) defines “confidential information” as “information provided by the client or relating to the client which is not otherwise available to the public.” Wyoming’s rule is, in my opinion, superior to ABA Model Rule 1.6, which does not contain the word “confidential.” The Wyoming rule is more realistic and allows lawyers to make disclosures of non-confidential information regarding clients without violating the attorney-client privilege.

4. All limited scope engagements must be in writing.

Rule 1.2(c) allows lawyers to limit the scope of the representation if the limitation is reasonable under the circumstances and the client consents. This rule is intended to facilitate the provision of unbundled legal services, especially for low-income...

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