UTU Designated Legal Counsel Rules of Conduct

All Designated Legal Counsel (DLC) shall agree as a condition of becoming or remaining a DLC that he or she will be subject to and fully comply with the Rules of Conduct. Each DLC shall, as a condition of becoming or remaining a DLC, shall specifically in writing waive any and all recourse to any court of law or any tribunal to challenge any action of the officers and agents of the UTU which in any way relates to the DLC program.

All DLC shall agree as a condition of becoming or remaining UTU Designated Legal Counsel that he or she will comply with and be subject to the ABA Model Rules of Professional Conduct as well as the state-law professional responsibility rules and canons for the jurisdictions in which they practice.

The agents of the Union, its officers, staff, and representatives have a duty to exercise their authority solely on behalf of and for the benefit of the UTU and its members. The agents of the union must set aside their personal interests and act in the best interests of the Union and its members. No prospective or current DLC shall aid or abet anyone in the violation of their fiduciary duty.

Because an agent of the UTU must make each decision based solely on the best interests of the union, it is necessary that the agent be free of improper outside influences that would interfere with an ordinary person’s objectivity in making the decision. No prospective or current DLC shall offer or attempt to improperly influence any decision of an agent of the UTU.

Any DLC solicited for a payment or contribution by any UTU or UTUIA officer, staff member, employee, or member must report the details, including the date, time and amount of such solicitation to the International President and UTU General Counsel immediately in writing. This is in addition to and not a substitute for any other legal or ethical requirement that may attach.

Any and all payments and gifts over $100 in value, given by any DLC to any UTU or UTUIA officer, or staff member or other employee at the International, General Committee or Local level, or to any member, shall be reported to the International President through the General Counsel’s office on a form to be provided. Such report shall fully disclose the details of any payment or gift of whatever kind whether related or unrelated to Federal Employer’s Liability Act (FELA) cases.

All DLC’s will be permitted to become members of UTU, paying all dues except General Committee of Adjustment dues, and should be available and willing to attend their local’s meetings and answer questions concerning the FELA and related laws.

No DLC, under any circumstances, at any time, shall become involved in union politics. DLC’s may, but are not required to, sponsor generic union social and fraternal events and Regional Meetings to promote unity and education among the union’s officers and members.

Any request by a UTU member for a political contribution from a DLC and any provision by a DLC of a political contribution of any kind including, without limitation, anything of value such as money, goods, services or entertainment to or on behalf of a candidate for union office is absolutely prohibited. Any such solicitation must be immediately reported to the UTU General Counsel. The employment of or provision of office space to full-time UTU elected officers, staff or employees is prohibited.

Under no circumstances is a referral fee to be paid to any UTU member or union officer who recommends the DLC to an injured employee. If such a fee is requested, the International President and UTU General Counsel shall be immediately notified.

As provided in ABA Model Rule 5.4:  “A lawyer or law firm shall not share legal fees with a non-lawyer.” Any contingency fee charged by a DLC in cases involving a UTU member concerning an on-the-job injury under FELA and related laws will not exceed 25 percent of the recovery, exclusive of costs.

Each DLC and members of their firm must be willing to give advice concerning the rights and liabilities of union members for on-the-job injury under FELA and related laws will not exceed 25 percent of the recovery, exclusive of costs.

Each DLC and members of their firm must be willing to handle all actionable injury cases, not only those of high potential recovery. They must also be willing to handle related matters on an injured member’s behalf at the Railroad Retirement Board.

DLC’s and members of their firm must be willing to give advice concerning the rights and liabilities of union members for on-the-job injuries, either by telephone or by interview, at no cost to the union member, and should return all members’ calls related to such issues.

Any civil, criminal, administrative or bar complaint, investigation or proceeding commenced against a DLC by any union member or governmental entity shall be immediately reported to the International President and the General Counsel.

If a state bar association or other body recommends a finding that a DLC or a member of their firm violated ethical obligations, or such violations are found by any court or other adjudicatory body, the DLC shall immediately notify the International President and the General Counsel.

DLC’s should immediately advise the UTU International President if there is any significant change in the membership of their firms (e.g., merger, consolidation, departures, etc.).

The failure to comply with any of these Rules shall be cause for sanctions up to and including immediate revocation of the DLC designation by the UTU International President, and in the case of UTU members, referral to the International President for corrective action consistent with the UTU Constitution.

The United Transportation Union shall adopt a complaint procedure to review inquiries or complaints concerning alleged violation of the Rules of Conduct.