The Daily Universe
Officials at 4th District Court in Provo are currently holding hearings remotely due to the COVID-19 pandemic. On Monday, Judge Darold McDade denied a request for Title IX records in the sexual assault case against a former BYU professor during an online hearing. (Lisi Merkley)
Judge Darold McDade made the decision Monday afternoon following oral arguments by former BYU professor Michael James Clay’s attorneys, state prosecution and the alleged victim’s attorney. The hearing was held remotely because of COVID-19.
McDade ruled that the request does not meet the requirements found in Rule 14(b) of the Utah Rules of Criminal Procedure at this point in time.
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SCR 20:1.4 addresses the lawyer’s duty to communicate with the client.
11 The current pandemic or any other disaster or emergency makes regular contact with clients more important than ever. The client needs to know how to contact the lawyer just as the lawyer must know how to contact the clients.
For example, if telephone calls and emails are routed through the firm’s communication system, the lawyers must regularly access office voicemail, email and any other methods of client communication regularly used in the office to ensure no communications are missed. If firm lawyers work remotely, they must have a system in place to regularly handle mail – both timely sending and obtaining that which is delivered to the firm office.
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Ethics Tips For Attorneys Telecommuting Across State Lines By
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