Effective: November 1, 2006

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Article 7. Admissions.

Rule 114-701. Definitions.

Rule 1-1. Definitions. As used in these Rules relating to admission, the following

terms shall be given the following meanings, except as otherwise expressly provided.

this article:

(a) “ABA”. The term ABA means the American Bar Association.;

(b) “Aactive Mmember”. The term Active Member means an attorney who is eligible

to engage in the practice of law in Utah, has applied for active status, and has paid the

required fees.;

State Bar members or others appointed by the Utah State Board of Bar Commissioners

or Ppresident of the Utah State Bar who are charged with recommending standards and

procedures for admission to the Utah State Bar and with implementation of these Rules

this article.; The Admissions Committee is responsible for supervising the work of the

Bar Examiner Committee, the Bar Exam Administration Committee, the Special

Accommodations Committee, and the Character and Fitness Committee, hearing

appeals as provided herein and performing other work relating to the admission of

Aapplicants.

(d) “Aadmission on Mmotion Aapplicant”. The term Admission on Motion Applicant is

means any person who satisfies the requirements of Rule 514-705.;

(e) “Aapproved Llaw Sschool”. The term Approved Law School means a law school

which is fully or provisionally approved by the ABA pursuant to its Standards and Rules

of Procedure for Approval of Law Schools.; To qualify as approved, the law school must

have been fully or provisionally approved at the time of the Aapplicant’s graduation, or

at the time of the Aapplicant’s enrollment, provided that the Aapplicant graduated within

a typical and reasonable period of time.

(f) “Aapplicant”. The term Applicant means each person requesting admission to the

Bar. For purposes of these Rules this article, an Aapplicant is classified as a Sstudent

Aapplicant, a Sstudent Aattorney Aapplicant, a Fforeign Llaw Sschool Aapplicant, an

Aattorney Aapplicant, or an Aadmission on Mmotion Aapplicant.;

Effective: November 1, 2006

(g) “Aattorney Aapplicant”. The term Attorney Applicant ismeans any person who

satisfies the requirements of Rule 414-704.;

(h) “Bar”. The term Bar means the Utah State Bar, including its employees,

committees and the Utah State Board of Bar Commissioners.;

(i) “Bar eExamination”. The term Bar Examination means either the Sstudent Bar

Examination or the Aattorney Bar Examination as defined in Rule 10 14-710 or both, as

the context requires.;

(j) “Bar Examiner Committee”. The term Bar Examiner Committee means those Bar

members or others appointed by the Board or Ppresident of the Bar who are charged

with drafting and reviewing questions and model answers and grading the Bar

Examination.;

(k) “Bar Exam Administration Committee”. The term Bar Exam Administration

Committee means those Bar members or others appointed by the Board or Ppresident

of the Bar who are charged with assisting in the administration and evaluation of the Bar

Examination.;

(l) “Board or Board of Commissioners”. The term Board and Board of

Commissioners are used interchangeably to means the Utah State Bar Board of Bar

Commissioners.;

(m) “Character and Fitness Committee”. The term Character and Fitness Committee

means those Bar members or others appointed by the Board or Ppresident of the Bar

who are charged with assessing the character and fitness of Aapplicants.;

(n) “Ccomplete Aapplication”. The term Complete Application means an application

is complete only if it includes all fees and necessary application forms, along with any

required supporting documentation, character references, a criminal background check,

a photo, an official Ccertificate of Llaw Sschool Ggraduation and if applicable, a special

accommodation request with supporting medical documentation, a Ccertificate of

Ggood Sstanding, and a Ccertificate of Ppractice.;

(o) “Cconfidential Iinformation”. The term Confidential Information is defined in Rule

19-114-719(a).;

Effective: November 1, 2006

(p) “Ddeputy Ggeneral Ccounsel of Aadmissions or Ddeputy Ggeneral Ccounsel”.

The term Deputy General Counsel of Admissions and Deputy General Counsel are

terms used interchangeably to mean the Utah State Bar's attorney in charge of

admissions or his or her designee.;

(q) “Ddisbarred Aattorney”. The term Disbarred Attorney means a person who has

been licensed to practice law in a state or United States Tterritory or the District of

Columbia and who is no longer licensed to practice law because of disbarment or

resignation with discipline pending or their equivalents.;

(r) “Eexecutive Ddirector”. The term Executive Director means the Eexecutive

Ddirector of the Utah State Bar or his or her designee.;

(s) “Fforeign Llaw Sschool”. The term Foreign Law School means any school located

outside of the United States and its protectorates, that is accredited by that jurisdiction's

legal accreditation body, if one exists, and whose graduates are otherwise permitted by

that jurisdiction's highest court to practice law.;

(t) “Ggeneral Ccounsel”. The term General Counsel means the Ggeneral Ccounsel

of the Utah State Bar or his or her designee.;

(u) “Iinactive Mmember”. The term Inactive Member means an attorney who is not

eligible to engage in the practice of law in Utah. He or sheand has applied to the Bar for

inactive status and has paid the required fees.;

(v) “MBE”. The term MBE means the Multistate Bar Examination prepared by the

National Conference of Bar Examiners.;

(w) “MEE”. The term MEE means the Multistate Essay Examination prepared by the

National Conference of Bar Examiners.;

(x) “MPRE”. The term MPRE means the Multistate Professional Responsibility

Examination prepared by the National Conference of Bar Examiners.;

(y) “MPT”. The term MPT means the Multistate Performance Test prepared by the

National Conference of Bar Examiners.;

(z) “NCBE”. The term NCBE means the National Conference of Bar Examiners, an

organization which develops, maintains, and applies reasonable and uniform standards

of bar examination education and testing.;

Effective: November 1, 2006

(aa) “OPC”. The term OPC means the Office of Professional Conduct of the Utah

State Bar.;

(bb) “Pprivileged Iinformation”. The term Privileged Information in these Rules this

article includes: information subject to the attorney-client privilege, attorney work

product, test materials and applications of examinees; written decisions of the Board,

Admissions

Accommodations Committee; and the identity of individuals participating in the drafting,

reviewing, grading and scoring of the Bar Examination.;

Committee,

Character

and

Fitness

Committee,

and

Special

(cc) Rules. The term Rules means these Rules Governing Admission to the Utah

State Bar

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(dd)(cc) “Special Accommodations Committee”. The term Special Accommodations

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Committee means those Bar members or others appointed by the Board or Ppresident

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of the Bar who are charged with the review of requests from Aapplicants seeking

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special accommodations under which to take the Bar Examination and who make

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determinations thereon.;

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(ee) (dd) “Sstudent Aapplicant”. The term Student Applicant is means any person

who satisfies the requirements of Rule 314-703.;

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(ff)(ee) “Sstudent Aattorney Aapplicant”. The term Student Attorney Applicant

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ismeans any Aapplicant licensed to practice law in a sister Sstate or United States

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territory or the District of Columbia, who does not qualify as an Aattorney Aapplicant

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under Rule 414-704. A Student Attorney Applicant and must satisfy the requirements of

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Rule 314-703.;

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(gg)(ff) “Supreme Court”. The term Supreme Court means the Utah Supreme Court.;

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(hh) (gg) “Uupdated Aapplication”. The term Updated Application means that an

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Aapplicant must complete a Rreapplication for Aadmission Fform updating any

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information that has changed since the prior application was filed and submit a new

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criminal background check.; and

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(ii) (hh) “Wwritten Ccomponent”. The term Written Component means that portion of

the Bar Examination that consists of essay questions and MPT questions.

Rule 214-702. Board of Commissioners - Ggeneral Ppowers.

Effective: November 1, 2006

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Rule 2-1(a). Admission to the Bar. The Board shall recommend and certify to the

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Supreme Court for admission to the Bar persons who possess the necessary

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qualifications of learning, ability and character which are a prerequisite to the privilege

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of engaging in the practice of law, and who fulfill the requirements for admission to the

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Bar as provided by these Rules this article.

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Rule 2-2(b). Subpoena Ppower. The Eexecutive Ddirector, the Ggeneral Ccounsel

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and the Ddeputy Ggeneral Ccounsel shall have power to issue subpoenas for the

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attendance of witnesses or for the production of documentary evidence before the

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Board or before anyone authorized to act on its behalf.

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Rule 2-3(c). Administration of Ooaths. Members of the Board, the Eexecutive

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Ddirector and their designees shall have power to administer oaths in furtherance of

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these Rules this article.

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Rule 2-4(d). Taking of Ttestimony. Members of the Board, the Eexecutive Ddirector

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and their designees shall have the power to take testimony in furtherance of these

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Rules this article.

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Rule 2-5(e). Regulations. The Board is empowered to adopt and enforce reasonable

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regulations and to appoint committees or persons in furtherance of these Rules this

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article.

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Rule 2-6(f). Waiver of Rrules. Neither the Bar nor its representatives has authority to

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waive any Rrule. Waiver of any Rrule may only be obtained by petitioning the Supreme

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Court.

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Rule 314-703. Qualifications for Aadmission of Sstudent, Sstudent Aattorney, and

Fforeign Llaw Sschool Aapplicants.

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Rule 3-1(a). Requirements of Sstudent and Sstudent Aattorney Aapplicants. The

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burden of proof is on the Aapplicant to establish by clear and convincing evidence that

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he or she meets each of the following requirements:

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(a)(1) Have has paid the prescribed fees and timely filed the required application in

accordance with Rule 714-707;

(ba)(2) Beis at least twenty-one 21 years old;

Effective: November 1, 2006

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(ca)(3) Have has graduated with a first professional degree in law (Juris Doctorate or

Bachelor of Laws) from an Aapproved Llaw Sschool;

(da)(4) Be is of good moral character and have has satisfied the requirements of

Rule 814-708;

(ea)(5) Have has successfully passed the Sstudent Bar Examination as prescribed

in Rule 1014-710;

(fa)(6) Have has successfully passed the MPRE as prescribed in Rule 1314-713;

and

(ga)(7) Have has complied with the provisions of Rule 16 14-716 concerning

licensing and enrollment fees;.

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Rule 3-2(b). Requirements of Fforeign Llaw Sschool Aapplicants. The burden of

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proof is on the Aapplicant to establish by clear and convincing evidence that he or she

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meets each of the following requirements:

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(ab)(1) Prove that he or she graduated from a foreign law school in a country where

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principles of English common law form the predominant basis for that country's system

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of jurisprudence;

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(b)(2) Have has paid the prescribed fees and timely filed the required application as

a Fforeign Llaw Sschool Aapplicant in accordance with Rule 714-707;

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(cb)(3) Be is at least twenty-one 21 years old;

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(db)(4) Have has been admitted to practice law in an English common law

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jurisdiction;

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(eb)(5) Have has been substantially (meaning fifty percent (50%) or more) and

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lawfully engaged in the practice of law in an English common law jurisdiction for no

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fewer than two (2) years;

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(fb)(6) Successfully complete, that is has earned a minimum grade of "C" or its

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passing equivalent, within twenty-four (24) consecutive months, not fewer than twenty-

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four (24) semester hours, or their equivalent in quarter hours, at an Aapproved Llaw

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Sschool, including no less than one (1) course each in a core or survey course of

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constitutional law, civil procedure, criminal procedure or criminal law, legal ethics and

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evidence;

Effective: November 1, 2006

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(gb)(7) Be is of good moral character and have has satisfied the requirements of

Rule 814-708;

(hb)(8) Have has successfully passed the Sstudent Bar Examination and MPRE as

prescribed in Rules 10 14-710 and 1314-713; and

(ib)(9) Have has complied with the provisions of Rule 16 14-716 concerning

licensing and enrollment fees;.

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Rule 3-3(c). Foreign Llaw Sschool Ggraduates Nnot Mmeeting the Rrequirements of

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3-2paragraph (b). All other students and graduates from foreign law schools not

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meeting the requirements of Section 3-2paragraph (b) may be recommended for

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admission only if they have graduated with a first professional degree in law (Juris

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Doctorate or Bachelor of Law) from an ABA Aapproved Llaw Sschool.

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Rule 414-704. Qualifications for Aadmission of Aattorney Aapplicants.

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Rule 4-1(a). Requirements of Aattorney Aapplicants. The burden of proof is on the

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Aapplicant to establish by clear and convincing evidence that he or she meets each of

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the following requirements:

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(a)(1) Have has paid the prescribed fees and filed the required application as an

Aattorney Aapplicant in accordance with Rule 714-707;

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(ba)(2) Be is at least twenty-one 21 years old;

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(ca)(3) Have has graduated with a first professional degree in law (Juris Doctorate or

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Bachelor of Laws) or equivalent degree from an Aapproved Llaw Sschool;

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(da)(4) Have has been admitted to the practice of law before the highest court of a

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sister state or United States territory, or the District of Columbia for no fewer than five

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(5) years, and have been substantially (meaning fifty percent 50% or more) and lawfully

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engaged in the practice of law in the jurisdiction where licensed for any four (4) of the

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five (5) years immediately preceding the filing of the application. For purposes of this

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rule, the practice of law includes the following activities or the equivalent thereof:

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(1a)(4)(A) sole practitioner, or partner, shareholder, associate, or of counsel in a law

firm; or

(2a)(4)(B) an organization's employee whose principal responsibility is to provide

legal advice or service; or

Effective: November 1, 2006

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(3a)(4)(C) government employee whose principal duties are to provide legal advice

or service; or

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(4a)(4)(D) service in the United States armed forces in a legal capacity; or

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(5a)(4)(E) judge of a court of general or appellate jurisdiction requiring admission to

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a bar as a qualification for admission thereof; or

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(6a)(4)(F) law clerk to a judge of a court of general or appellate jurisdiction; or

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(7a)(4)(G) teaching full-time in an Aapproved Llaw Sschool;

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(ea)(5) Be is of good moral character and have has satisfied the requirements of

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Rule 814-708;

(fa)(6) Have has successfully passed the Bar Examination as prescribed in Rule

1014-710;

(ga)(7) Have has successfully passed the MPRE as prescribed in Rule 1314-713;

and

(ha)(8) Have has complied with the provisions of Rule 16 14-716 concerning

licensing and enrollment fees;.

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Rule 4-2(b). Election to Ttake Sstudent Bar Examination. At the time of application,

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an Aattorney Aapplicant may elect to be examined under the Sstudent Bar Examination

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as prescribed in Rule 10 14-710 and which is scored in accordance with Rule 1114-711.

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Rule 514-705. Admission on Mmotion.

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Rule 5-1(a). Reciprocal Aadmission. An Aadmission on Mmotion Aapplicant may be

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admitted to the practice of law if the Aapplicant has been admitted to the practice of law

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before the highest court of a sister state or United States territory or the District of

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Columbia where admission by motion is authorized and the Aapplicant meets all other

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requirements of this Rrule. The burden of proof is on the Aapplicant to establish by clear

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and convincing evidence that he or she meets each of the following requirements:

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(a)(1) Have has been admitted by bar examination to practice law before the highest

court of a sister state or United States territory or the District of Columbia;

(ba)(2) Hholds a first professional degree in law (Juris Doctorate or Bachelor of

Laws) from an Aapproved Llaw Sschool;

Effective: November 1, 2006

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(ca)(3) Eestablish that the sister state or United States territory or the District of

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Columbia that licensed the Aapplicant allows the admission of licensed Utah lawyers

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under terms and conditions similar to those set forth in this Rrule, provided that if the

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sister state or United States territory or the District of Columbia that licensed the

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Aapplicant requires Utah lawyers to complete or meet other conditions or requirements,

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the Aapplicant must meet a substantially similar requirement for admission in Utah.;

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(da)(4) Have has been substantially and lawfully engaged in the active practice of

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law (meaning fifty percent 50% or more) in the reciprocal jurisdiction where licensed for

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at least three (3) of the previous four (4) years immediately preceding the date of the

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filing of the application for admission under this Rrule.;

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(ea)(5) Ppresent satisfactory proof of both admission to the practice of law and that

he or she is a member in good standing in all jurisdictions where currently admitted;

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(fa)(6) Ffile with the application a certificate from the entity having authority over

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professional discipline for each jurisdiction where the Aapplicant is licensed to practice

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which certifies that the Aapplicant is not currently subject to lawyer discipline or the

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subject of a pending disciplinary matter;

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(ga)(7) Ppresent satisfactory proof to demonstrate that the Aapplicant has been

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substantially and lawfully engaged in the practice of law for the applicable period of

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time;

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(ha)(8) Eestablish that the Aapplicant possesses good moral character and satisfies

the requirements of Rule 814-708;

(ia)(9) Pprovide evidence of the Aapplicant's educational and professional

qualifications;

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(ja)(10) Uupon the filing of the application, pay the prescribed fees; and

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(ka)(11) Ffile with the Bar a designated Sservice of Pprocess Fform setting forth his

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of her address in this Sstate and designating the Cclerk of the Utah Supreme Court as

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his or her agent upon whom process may be served.

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Rule 5-2(b). Active Ppractice Ddefined. For the purposes of this Rrule, the "active

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practice of law" shall include the following activities, if performed in a jurisdiction in

Effective: November 1, 2006

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which the Aapplicant is admitted, or if performed in a jurisdiction that affirmatively

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permits such activity by a lawyer not admitted to practice:

(ab)(1) sole practitioner, partner, shareholder, associate, or of counsel in a law firm;

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(b)(2) an organization's employee whose principal responsibility is to provide legal

advice or service; or

(cb)(3) government employee whose principal duties are to provide legal advice or

service; or

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(db)(4) service in the United States armed forces in a legal capacity; or

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(eb)(5) judge of a court of general or appellate jurisdiction requiring admission to a

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bar as a qualification for admission thereof; or

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(fb)(6) law clerk to a judge of a court of general or appellate jurisdiction; or

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(gb)(7) teaching full-time in an Aapproved Llaw Sschool.

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Rule 5-3.(c) Unauthorized Ppractice of Llaw. For the purposes of this Rrule, the

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active practice of law shall not include work that, as undertaken, constitutes the

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unauthorized practice of law in the jurisdiction in which it was performed or in the

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jurisdiction in which the clients receiving the unauthorized services were located.

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Rule 5-4.(d) Continuing Llegal Eeducation Rrequirement. (a) All Aapplicants

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admitted to practice law pursuant to this Rrule shall complete and certify no later than

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six (6) months following the Aapplicant’s admission that he or she has attended at least

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fifteen (15) hours of continuing legal education on Utah practice and procedure and

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ethics requirements.

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(bd)(1) The Board of Bar Commissioners may by regulation specify the number of

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the required fifteen (15) hours that must be in particular areas of practice, procedure,

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and ethics. Included in this mandatory fifteen (15) hours is attendance at the Bar's OPC

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Eethics Sschool. This class is offered twice a year and provides six (6) credit hours.

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(cd)(2) The remaining nine (9) credit hours must be made up of Utah’s New Lawyer

Continuing Legal Education ("NLCLE") courses.

(d)(3) Twelve (12) of the fifteen (15) hours may be completed through self-study by

access to Utah’s on-line education system.

Effective: November 1, 2006

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(ed)(4) The above fifteen (15) hours will apply towards the 24 hours required per

two-year compliance period.

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(df)(5) Mandatory Continuing Legal Education ("MCLE") credit may be awarded for

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out-of-state activities that in the determination of the Board of Mandatory Continuing

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Legal Education ("MCLE Board") meet certain standards in furthering an attorney’s legal

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education. Whether to accredit such activities and the number of hours of credit to allow

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for such activities shall be determined by the MCLE Board. Activities that may be

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regarded as equivalent to state-sponsored MCLE may include, but are not limited to,

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viewing of approved continuing legal education videotapes, writing and publishing an

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article in a legal periodical, part-time teaching in an Aapproved Llaw Sschool, or

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delivering a paper or speech on a professional subject at a meeting primarily attended

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by lawyers, legal assistants, or law students. Application by a member of the Bar for

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accreditation of a MCLE activity must be submitted in writing to the MCLE Board. Forms

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and contact information regarding applying for accreditation is available on-line at

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mcle@utahbar.org. Out-of-state activities cannot substitute for the fifteen (15)

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mandatory CLE hours described in 5-4(b) and (c) paragraph (d)(2) and (d)(3) above.

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Rule 5-5.(e) Subject to Utah Rrules. All Aapplicants admitted to practice law

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pursuant to this Rrule shall be subject to and shall comply with the Utah Rules of

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Professional Conduct, the Rules Governing Admission to the Utah State Bar, the Utah

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Rules of Lawyer Discipline and Disability and all other rules and regulations applicable

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to members of the Utah Bar.

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Rule 5-6.(f) Discipline. All Aapplicants admitted to practice law pursuant to this Rrule

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shall be subject to professional discipline in the same manner and to the same extent as

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a member of the Bar. Every person licensed under this Rrule shall be subject to control

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by the courts of the State of Utah and to censure, suspension, removal or revocation of

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the Aapplicant’s license to practice in Utah regardless of where conduct occurs.

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Rule 5-7.(g) Notification of Cchange in Sstanding. All Aapplicants admitted to

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practice law pursuant to this Rrule shall execute and file with the Bar a written notice of

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any change in such person’s good standing in another licensing jurisdiction and of any

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final action of the professional body or public authority referred to in 5-1(f)Rule 14-

Effective: November 1, 2006

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705(a)(6) of this Rule imposing any disciplinary censure, suspension, or other sanction

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upon such person.

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Rule 5-8.(h) Form and cContent of Aapplication. (a) An Aadmission on Mmotion

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Aapplicant shall file an application. The Aapplicant must provide a full and direct

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response to questions contained in the application in the manner and time prescribed by

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these Rules this article. The Board may require additional proof of any facts stated in

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the application. In the event of the failure or the refusal of the Aapplicant to furnish any

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information or proof, or to answer any inquiry of the Board pertinent to the pending

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application, the Board may deny the application without hearing. (b) An application shall

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include an authorization and release to enable the Board to obtain information

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concerning such Aapplicant. By signing this authorization and release, an Aapplicant

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waives his or her right to confidentiality of communications, records, evaluations, and

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any other information that may concern the Aapplicant’s fitness to practice law.

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Rule 5-9.(i) Timing of Aapplication and Aadmission. (a) An application may be filed

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at any time. (b) Upon approval by the Board of an application the Aapplicant will be

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admitted in accordance with Rule 1614-716.

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Rule 614-706. Administration of Bar Examination under Sspecial Ccircumstances.

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Rule 6-1.(a) Disabilities and Iimpairments. An Aapplicant who has mental, physical,

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or cognitive disabilities as defined by the Americans with Disabilities Act ("ADA") may

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request a Bar Examination be administered under special circumstances to

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accommodate his or her disability. The request, including all supporting medical

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documentation, shall be made in writing at the time of application in the format

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prescribed by the Bar. The decision on such requests shall be made by the Special

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Accommodations Committee. Special accommodation requests received after the

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application deadline shall not be considered until the review period prior to the

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immediately following examination. The Aapplicant must demonstrate that:

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(i) (a)(1) he or she is disabled as defined by the ADA; and

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(ii) (a)(2) the disability impacts his or her ability to take the Bar Examination; and

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(iii) (a)(3) the accommodation requested is necessary to meet the limitation caused

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by the disability.

Effective: November 1, 2006

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Rule 6-2.(b) English as a Ssecond Llanguage. English as a second language is not

a cognitive disability or impairment.

Rule

6-3.(c)

Petition

for

Rreconsideration

and

Aappeal

Pprocedure;

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aAccommodation Rrequests. (a) Petition for Hearing for Reconsideration. An Aapplicant

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must file a Ppetition for Rreconsideration of the decision within ten (10) calendar days of

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the date of the notice of the Special Accommodations Committee. The Ppetition for

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Rreconsideration shall contain a short and plain statement of the reasons the Aapplicant

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is entitled to relief.

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(bc)(1) Burden of Pproof. The Aapplicant bears the burden of proving at the hearing

by clear and convincing evidence that:

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(i) (c)(1)(A) he or she is disabled as defined by the ADA; and

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(ii) (c)(1)(B) the disability impacts his or her ability to take the Bar Examination; and

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(iii) (c)(1)(C) the accommodation requested is necessary to meet the limitation

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caused by the disability.

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(c)(2) Reconsideration Hhearing Pprocess. The review panel shall consist of at least

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three (3) members of the Admissions Committee. The review panel may consider only

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the documentation the Aapplicant submitted at the time he or she requested

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accommodation, and the decision of the Special Accommodations Committee. The

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Aapplicant and the Special Accommodations Committee may present expert witnesses

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to support their respective positions. The name(s) of the expert(s) must be disclosed to

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the respective parties at least five (5) calendar days before the hearing. Any attempt to

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change the original accommodation request or submit new medical documentation will

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be considered a new request for accommodation. The new request must be resubmitted

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to the Special Accommodations Committee for review and is subject to the time

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deadlines set forth in Rule 6-114-706(a).

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(dc)(3) Reconsideration Ddecision. The review panel shall affirm the decision of the

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Special Accommodations Committee if there is substantial and credible evidence to

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support it. The Admissions Committee review panel shall issue a written decision fifteen

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(15) calendar days after the completion of its reconsideration. The review panel shall

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provide its written findings and recommendation to three (3) members of the Board. The

Effective: November 1, 2006

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Board panel shall make a decision on behalf of the Bar and notify the petitioner in

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writing of its final decision.

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(ec)(4) Appeal Pprocess. Within thirty (30) calendar days after the date of the

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Board's final decision, the Aapplicant may appeal to the Supreme Court by filing a

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Nnotice of Aappeal with the Cclerk of the Supreme Court and serving a copy upon the

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Ggeneral Ccounsel for the Bar. At the time of filing the Nnotice of Aappeal, the

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Aapplicant shall pay the prescribed filing fee to the Cclerk of the Supreme Court. The

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Cclerk will not accept a Nnotice of Aappeal unless the filing fee is paid.

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(fc)(5) Record of Pproceedings. A record of the proceedings shall be prepared by

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the General CounselBar and shall be filed with the Cclerk of the Supreme Court within

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twenty-one (21) calendar days following the filing of the Nnotice of Aappeal.

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(gc)(6) Appeal Ppetition. An Aappeal Ppetition shall be filed with the Supreme Court

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within thirty (30) calendar days after the record of proceedings has been filed. The

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Aappeal Ppetition shall state the name of the petitioner and shall designate the Bar as

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respondent. The Aappeal Ppetition must contain the following:

402

(i) (c)(6)(A) a statement of the issues presented and the relief sought;

403

(ii) (c)(6)(B) a statement of the facts necessary to an understanding of the issues

404

presented by the petitioner;

405

(iii) (c)(6)(C) the legal argument which the petitioner believes demonstrates that he

406

or she has a disability under the ADA and qualifies for the specific accommodations

407

requested; and

408

409

(iv) (c)(6)(D) a certificate reflecting service of the Aappeal Ppetition upon the

Ggeneral Ccounsel.

410

(hc)(7) Response Ppetition. Within thirty (30) calendar days after service of the

411

Aappeal Ppetition on the Ggeneral Ccounsel, the Bar, as respondent, shall file its

412

response with the Cclerk of the Supreme Court at the time of filing. Respondent shall

413

serve a copy of the response upon the petitioner.

414

(ci)(8) Format of Aappeal and Rresponse Ppetitions. Except by permission of the

415

Supreme Court, the Aappeal Ppetition and the Bar’s Rresponse Ppetition shall not

416

exceed twenty-five (25) double-spaced pages, each. These documents shall be

Effective: November 1, 2006

417

typewritten on 8 ½ inches by 11 inches paper. The text, including footnotes, shall be in

418

type no smaller than ten (10) characters per inch for monospaced typeface and 13-point

419

or larger for proportionally spaced typeface. An original and six (6) copies of the

420

Aappeal Ppetition and the Rresponse Ppetition shall be filed with the Cclerk of the

421

Supreme Court.

422

(jc)(9) The Cclerk of the Supreme Court will notify the parties if any additional

423

briefing or oral argument is required. Upon entry of the Court's decision, the Cclerk shall

424

give notice of the decision.

425

Rule 714-707. Application; deadlines; withdrawals; postponements and Ffees.

426

Rule 7-1.(a) Form. Each Aapplicant must submit a Ccompleted Aapplication for

427

examination and admission in accordance with the instructions prescribed by the Bar.

428

Such application shall include an authorization and release enabling the Bar to obtain

429

information concerning the Aapplicant.

430

Rule 7-2.(b) Filing Ddeadlines Ggenerally. Except as otherwise provided herein, the

431

Bar shall receive Ccomplete Aapplications by October 1 preceding the February Bar

432

Examination and by March 1 preceding the July Bar Examination. A cComplete

433

Aapplication will be accepted up to fifteen (15) calendar days after the filing deadline if

434

accompanied by the prescribed fifteen (15)-day late fee. A Ccomplete Aapplication will

435

be accepted up to November 1 for the February Bar Examination if accompanied by the

436

prescribed 30-day late fee and up to April 1 for the July Bar Examination if accompanied

437

by the prescribed 30-day late fee. An official Ccertificate of Llaw Sschool Ggraduation

438

reflecting graduation must be submitted by the Aapplicant prior to being permitted to

439

take the Bar Examination. In accordance with the filing instructions and information for

440

the application, late or incomplete applications will not be accepted with the following

441

exception. A fingerprint card must be submitted to the Federal Bureau of Investigations

442

("FBI") in order for a criminal background check to be prepared. If the FBI rejects the

443

fingerprint card, an application will be considered complete, if a copy of the rejection

444

letter is included with the application. The Aapplicant will then have an additional (six) 6

445

weeks from the date of the rejection letter to submit the criminal background check to

446

the Bar.

Effective: November 1, 2006

447

Rule 7-3.(c) Filing Ddeadlines for Ddisbarred Aattorneys. Disbarred Aattorneys may

448

not file an application for admission until the later of five (5) years after the effective date

449

of the license revocation or the date specified in the disciplinary order. Disbarred

450

Aattorneys must comply with Rule 17-214-717(b), if applicable. Complete Aapplications

451

for Ddisbarred Aattorneys shall be received by the Bar by September 1 preceding the

452

February Bar Examination and by February 1 preceding the July Bar Examination. Late

453

applications for Ddisbarred Aattorneys are not permitted.

454

Rule 7-4.(d) Withdrawal of Aapplications and Rrefunds. To withdraw an application,

455

written notice must be provided thirty (30) calendar days before the examination date.

456

One-half of the filing fee paid shall be refunded; late fees will not be refunded. No refund

457

is available to Aadmission on Mmotion Aapplicants or if the application is withdrawn

458

within thirty (30) calendar days of the date of the Bar Examination or if a notice of a

459

formal hearing by a panel of the Character and Fitness Committee has been sent to the

460

Aapplicant.

461

Rule 7-5.(e) Emergency Postponement of Aapplication. An Aapplicant may only

462

postpone or transfer his or her application due to emergency circumstances or pursuant

463

to Rule 8-2(d)(2)14-708(b)(4)(A). Emergency transfers are subject to the following

464

restrictions:.

465

466

467

468

(ae)(1) The Aapplicant must provide a written request, including payment of the

prescribed transfer fee, prior to the date of the Bar Examination.

(be)(2) Proof of the emergency must be provided. The reasons for the transfer is are

limited to two circumstances:

469

(ie)(2)(A) a personal medical emergency, or

470

(iie)(2)(B) a death in the immediate family.

471

(ce)(3) The transferring Aapplicant must specify which future Bar Examination he or

472

she plans to take. The exam must be taken within the next two (2) scheduled Bar

473

examinations.

474

(de)(4) The Aapplicant must provide an Uupdated Aapplication by filing a

475

Rreapplication for Aadmission form, updating any information that has changed since

476

the prior application was filed and a new criminal background check. The Rreapplication

Effective: November 1, 2006

477

for Aadmission form should be submitted by the initial application deadline of October 1

478

preceding the February Bar Examination and March 1 preceding the July Bar

479

Examination. A Rreapplication for Aadmission will be accepted up to fifteen (15)

480

calendar days after the filing deadline if accompanied by the prescribed fifteen (15) -day

481

late fee. A Rreapplication for Aadmission form will be accepted up to November 1 for

482

the February Bar Examination if accompanied by the thirty (30) -day late fee and up to

483

April 1 for the July Bar Examination if accompanied by the prescribed thirty (30) -day

484

late fee.

485

(e)(5) An Aapplicant is entitled to one (1) transfer only.

486

Rule 7-6.(f) Retaking Bar Examination. (a) An Aapplicant failing the Bar Examination

487

who wishes to retake the examination must file a written request, including payment of

488

the prescribed fee by the retake deadline. Late applications will not be accepted.

489

(bf)(1) The Aapplicant must provide an Uupdated Aapplication form, updating any

490

information that has changed since the application was filed and a new criminal

491

background check.

492

(cf)(2) An Aapplicant who fails to achieve a passing score after six (6) examinations

493

may only take additional examinations with the permission of the Admissions

494

Committee. A petition providing good cause as to why the Admissions Committee

495

should grant such a request must be filed with the Ddeputy Ggeneral Ccounsel by the

496

initial application deadline for the examination. Late applications will not be accepted.

497

Qualified Aapplicants who have already failed six (6) or more examinations by

498

September 1, 2003, may be approved to take two (2) additional examinations.

499

Rule 814-708. Character and Ffitness.

500

Rule 8-1.(a) Standard of Ccharacter and Ffitness. An attorney’s conduct should

501

conform to the requirements of the law, both in professional service to clients and in the

502

attorney’s business and personal affairs. An attorney should be one whose record of

503

conduct justifies the trust of clients, adversaries, courts, and others with respect to the

504

professional duties owed to them. An Aapplicant whose record manifests a significant

505

deficiency in honesty, trustworthiness, diligence, or reliability shall be denied admission.

506

The Aapplicant has the burden of proof to establish by clear and convincing evidence

Effective: November 1, 2006

507

his or her fitness to practice law. Applicants must be approved by the Character and

508

Fitness Committee prior to sitting for the Bar Examination. At any time before being

509

admitted to the Bar, the Character and Fitness Committee may withdraw or modify its

510

approval.

511

Rule 8-2.(b) Investigative Pprocess; Iinvestigative Iinterview. Investigations into the

512

character and fitness of Aapplicants may be informal, but shall be thorough, with the

513

object of ascertaining the truth.

514

515

(ab)(1) The Character and Fitness Committee may conduct an investigation and

may act with or without requiring a personal appearance by an Aapplicant.

516

(b)(2) At the discretion of the Character and Fitness Committee, an Aapplicant may

517

be required to attend an investigative interview conducted by one or more members of

518

the Committee. The investigative interview shall be informal but the Aapplicant shall

519

have the right to counsel and shall be notified in writing of the general factual areas of

520

inquiry. Documentary evidence may be provided as part of the investigation, but no

521

witnesses will be permitted to appear during the interview. The interview shall be a

522

closed proceeding.

523

(cb)(3) After an investigative interview has been conducted, the Aapplicant shall be

524

notified regarding whether or not he or she has been approved to sit for the Bar

525

Examination. Applicants who are not approved will be notified regarding those areas

526

that are of concern to the Committee.(1) An Aapplicant seeking review of the decision

527

must request a formal hearing within ten (10) calendar days of notice of the Committee's

528

decision. (2) The request must be made in writing and provided to the Ddeputy

529

Ggeneral Ccounsel.

530

(db)(4) The Committee may determine that an Aapplicant must take corrective action

531

before approval of his or her application can be granted. The Aapplicant shall be notified

532

in writing of the action required. (1) No later than thirty (30) days prior to the date of the

533

Bar Examination, the Aapplicant must provide written documentation to the Ddeputy

534

Ggeneral Ccounsel proving that the required corrective action has been completed.

535

(2b)(4)(A) If the documentation is not provided as required within thirty (30) days

536

prior to the Bar Examination, the Aapplicant must, instead, submit to the Ddeputy

Effective: November 1, 2006

537

Ggeneral Ccounsel, a written request to transfer, including the payment of the

538

prescribed transfer fee. The request must specify when the corrective action will be

539

completed and which future examination the Aapplicant plans to take.

540

541

542

543

(3b)(4)(B) The exam must be taken within the next two (2) scheduled Bar

Examinations. An Aapplicant is entitled to one (1) transfer only.

(4b)(4)(C) The application of an Aapplicant who neither takes corrective action nor

requests a transfer shall be considered withdrawn.

544

Rule 8-3.(c) Formal Hhearing; Aapplicant’s Rrequest. In matters where the

545

Character and Fitness Committee decides to convene or an Aapplicant so requests, the

546

Character and Fitness Committee shall hold a formal hearing. The formal hearing shall

547

be a closed proceeding and may be scheduled whether or not preceded by an

548

investigative interview.

549

(ac)(1) A formal hearing shall be attended by no fewer than three (3) Character and

550

Fitness Committee members. Five (5) calendar days before the hearing, the Aapplicant

551

and the Committee must provide a list of witnesses and a copy of any exhibits to be

552

offered into evidence. If an Aapplicant chooses to submit a written statement, it must

553

also be filed five (5) calendar days before the hearing.

554

(bc)(2) Written notice of the formal hearing shall be given at least ten (10) calendar

555

days before the hearing. Notice shall be sent to the Aapplicant at the address in the

556

application. The notice shall include a statement of the preliminary factual matters of

557

concern. The matters inquired into at the hearing are not limited to those identified in the

558

notice, but may include any concerns relevant to making a determination regarding the

559

Aapplicant's character and fitness.

560

(c)(3) The formal hearing will have a complete stenographic record made by a

561

certified court reporter or an electronic record made by means acceptable in the courts

562

of the State of Utah. All testimony shall be taken under oath. Although no formal rules of

563

evidence or civil procedure will apply, an Aapplicant has the right to counsel, the right to

564

cross-examine witnesses, the right to examine the evidence and the right to present

565

witnesses and documentary evidence. An Aapplicant is entitled to make reasonable use

Effective: November 1, 2006

566

of the Bar's subpoena powers to compel attendance of witnesses and to adduce

567

relevant evidence relating to matters adverse to the Aapplicant.

568

(dc)(4) Written findings of fact and conclusions of law shall be issued no later than

569

forty-five (45) calendar days after the formal hearing and any subsequent inquiries have

570

been concluded.

571

Rule 8-4.(d) Factors Rrelated to Ccharacter and Ffitness. In addition to the

572

standards set forth in Rules 8-114-708(a), and 8-514-708(f), and if applicable, Rule 8-

573

614-708(g) if applicable, the Character and Fitness Committee may use the following

574

factors to decide whether an Aapplicant possesses the requisite character and fitness to

575

practice law:

576

(ad)(1) the Aapplicant’s lack of candor;

577

(bd)(2) unlawful conduct;

578

(dc)(3) academic misconduct;

579

(d)(4) making of false or misleading statements, including omissions;

580

(de)(5) misconduct in employment;

581

(fd)(6) acts involving dishonesty, fraud, deceit or misrepresentation;

582

(gd)(7) abuse of legal process;

583

(hd)(8) neglect of financial responsibilities;

584

(id)(9) neglect of professional obligations;

585

(jd)(10) violation of a court order;

586

(kd)(11) evidence of mental or emotional instability;

587

(ld)(12) evidence of drug or alcohol dependency;

588

(md)(13) denial of admission to the bar in another jurisdiction on character and

589

590

591

fitness grounds;

(nd)(14) past or pending disciplinary action by a lawyer disciplinary agency or other

professional disciplinary agency of any jurisdiction; and

592

(od)(15) other conduct bearing upon character or fitness to practice law.

593

(e) Assigning weight and significance to prior conduct. In making this a

594

determination through the processes described aboveas to the requisite character and

Effective: November 1, 2006

595

fitness, the following factors should be considered in assigning weight and significance

596

to prior conduct:

597

(pe)(1) age at the time of conduct;

598

(qe)(2) recency of the conduct;

599

(re)(3) reliability of the information concerning the conduct;

600

(se)(4) seriousness of the conduct;

601

(te)(5) factors underlying the conduct;

602

(ue)(6) cumulative effect of conduct or information;

603

(ve)(7) evidence of rehabilitation;

604

(we)(8) positive social contributions since the conduct;

605

(xe)(9) candor in the admissions process; and

606

(ye)(10) materiality of any omission or misrepresentations.

607

Rule 8-5.(f) Criminal Cconduct; Pparole, Pprobation and Ssupervised Rrelease.

608

(af)(1) Where criminal charges are pending, an Aapplicant's character and fitness

609

review may be held in abeyance until the matter has been resolved by the court in

610

question.

611

(bf)(2) An Aapplicant convicted of a misdemeanor offense or who has entered a plea

612

in abeyance to any criminal offense may be asked to appear before members of the

613

Character and Fitness Committee for an investigation interview or a formal hearing. In

614

determining whether the Aapplicant is of good character, the Committee will consider

615

the nature and seriousness of the criminal conduct resulting in the conviction(s),

616

mitigating and aggravating factors including completion of terms and conditions of any

617

sentence imposed, payment of restitution if applicable, and demonstration of clearly

618

proven rehabilitation.

619

(cf)(3) A rebuttable presumption exists against admission of an Aapplicant convicted

620

of a felony offense. For purposes of this Rrule, a conviction includes entry of a nolo

621

contendre (no contest) plea. An Aapplicant who has been convicted of a felony offense

622

is not eligible to apply for admission until after the date of completion of any sentence,

623

term of probation or term of parole or supervised release, whichever occurred last.

624

Upon an Aapplicant’s eligibility, a formal hearing as set forth in these Rules this article

Effective: November 1, 2006

625

before members of the Character and Fitness Committee will be held. Factors to be

626

considered by the Committee include, but are not limited to, the nature and seriousness

627

of the criminal conduct resulting in the conviction(s), mitigating and aggravating factors

628

including completion of terms and conditions of a sentence imposed and demonstration

629

of clearly proven rehabilitation.

630

Rule 8-6.(g) Disbarred Aattorneys.

631

(g)(1) A Ddisbarred Aattorney Aapplicant must undergo a formal hearing as set forth

632

in Rule 8-314-708(c). A Ddisbarred Aattorney Aapplicant has the burden of proving

633

rehabilitation by clear and convincing evidence. No Aapplicant may take the Bar

634

Examination prior to being approved by the Character and Fitness Committee as

635

provided in Rule 8-114-708(a). In addition to the requirements set forth in Rule 1714-

636

717, if applicable, and in conjunction with the application, an Aapplicant under this Rrule

637

must:

638

639

(ag)(1)(A) provide a comprehensive written explanation of the circumstances

surrounding his or her disbarment or resignation;

640

(bg)(1)(B) provide copies of all relevant documents including, but not limited to,

641

orders containing findings of fact and conclusions of law relating to disbarment or

642

resignation; and

643

644

(cg)(1)(C) provide a comprehensive written account of conduct evidencing

rehabilitation.

645

(g)(2) To prove rehabilitation, the Aapplicant must demonstrate the following:

646

(ig)(2)(A) positive action showing rehabilitation by such things as a person's

647

occupation, religion, or community or civic service. Merely showing that the Aapplicant

648

is now living as and doing those things he or she should have done throughout life,

649

although necessary to prove rehabilitation, does not prove that the individual has

650

undertaken a useful and constructive place in society.;

651

652

(iig)(2)(B) provide evidence of strict compliance with all disciplinary and judicial

orders;

653

(iiig)(2)(C) unimpeachable character and moral standing in the community;

654

(ivg)(2)(D) proof of present professional competence and knowledge;

Effective: November 1, 2006

655

656

657

658

(vg)(2)(E) lack of malice toward those who instituted the original proceeding against

the Aapplicant;

(vig)(2)(F) personal assurances supported by corroborating evidence of a desire and

intention to conduct one's self in an exemplary fashion in the future;

659

(viig)(2)(G) provide evidence of treatment for and current control of any substance

660

abuse problem and/or psychological condition, if such were factors contributing to the

661

disbarment or resignation; and

662

(viiig)(2)(H) provide evidence of full restitution of funds or property where applicable.

663

Rule 8-7.(h) Review of Ddecision of Character and Fitness Committee; Aapplicant’s

664

Rrequest. An Aapplicant has the right to have the Board review a decision made after a

665

formal hearing as set forth in these Rules this article. A decision after a formal hearing is

666

a prerequisite to Board review. An Aapplicant must file a written request for Board

667

review with the Ddeputy Ggeneral Ccounsel within ten (10) calendar days of the date of

668

notice of the Character and Fitness Committee decision. A panel of three (3) Board

669

members will review the decision. The review shall be a closed proceeding and will be

670

limited to consideration of the record produced in the formal hearing including a certified

671

copy of the transcript of the formal hearing, the Aapplicant's memorandum, if any, and

672

the Bar's responsive memorandum, if any. An Aapplicant's appearance at the Board

673

review will be permitted only if the review panel deems it necessary.

674

(ah)(1) Memoranda. After filing a written request for Board review, an Aapplicant

675

may file a written memorandum identifying the Aapplicant's objections to the decision of

676

the Character and Fitness Committee. The issues in the memorandum must be limited

677

to matters contained in the record. The memorandum must be filed within thirty (30)

678

calendar days of the filing of the request for Board review. The Bar may file a response,

679

but no reply memorandum will be permitted.

680

(bh)(2) The decision of the Character and Fitness Committee shall be affirmed if

681

there is substantial and credible evidence to support it. To meet his or her burden of

682

proof, the Aapplicant must cite to the record and show that the evidence did not support

683

the decision.

Effective: November 1, 2006

684

(ch)(3) Payment of transcript.

An Aapplicant is responsible for paying for and

685

obtaining a duly certified copy of the transcript of the formal hearing proceedings or

686

other electronic record copy as described in Rule 8-3(c)14-708(c)(3).

687

(dh)(4) Harmless error. An Aapplicant must demonstrate that any errors of law, fact

688

or procedure formed a basis for denial or approval. Harmless error does not constitute a

689

basis to set aside the decision.

690

691

(eh)(5) The Board panel shall issue a final written decision within thirty (30) calendar

days of completing its review.

692

Rule 8-8.(i) Supreme Court Aappeal.

693

(a) Within thirty (30) calendar days after the date of the decision of the Board panel,

694

the Aapplicant may appeal to the Supreme Court by filing a written Nnotice of Aappeal

695

with the Cclerk of the Supreme Court and the Ggeneral Ccounsel. At the time of filing

696

the Nnotice of Aappeal, the Aapplicant shall pay the prescribed filing fee to the Cclerk of

697

the Supreme Court. The Cclerk will not accept a Nnotice of Aappeal unless the filing fee

698

is paid.

699

(bi)(1) Record of proceeding. A record of the proceeding shall be prepared by the

700

Bar and shall be filed with the Cclerk of the Supreme Court within twenty-one (21)

701

calendar days following the filing of the Nnotice of Aappeal.

702

(ci)(2) An Aappeal Ppetition shall be filed with the Supreme Court thirty (30) calendar

703

days after the record of the proceedings has been filed with the Supreme Court. The

704

Aappeal Ppetition shall state the name of the petitioner and shall designate the Bar as

705

the respondent. The Aappeal Ppetition must contain the following:

706

(i) (i)(2)(A) a statement of the issues presented and the relief sought;

707

(ii) (i)(2)(B) a statement of the facts necessary to an understanding of the issues

708

presented by the appeal;

709

(iii) (i)(2)(C) the legal argument supporting the petitioner's request; and

710

(iv) (i)(2)(D) a certificate reflecting service of the Aappeal Ppetition upon the

711

Ggeneral Ccounsel.

Effective: November 1, 2006

712

(di)(3) Within thirty (30) calendar days after service of the Aappeal Ppetition on the

713

Bar, the Bar, as respondent, shall file its response with the Cclerk of the Supreme

714

Court. At the time of filing, a copy of the response shall be served upon the petitioner.

715

(ei)(4) Format of Aappeal and Rresponse Ppetitions. Except by permission of the

716

Supreme Court, the Aappeal Ppetition and the Bar’s Rresponse Ppetition shall not

717

exceed twenty-five (25) double-spaced pages, each. These documents shall be

718

typewritten on 8 ½ inches by 11 inches paper. The text, including footnotes, shall be in

719

type no smaller than ten (10) characters per inch for monospaced typeface and 13-point

720

or larger for proportionally spaced typeface. An original and six (6) copies of the

721

Aappeal Ppetition and the Rresponse Ppetition shall be filed with the Cclerk of the

722

Supreme Court.

723

(fi)(5) The Cclerk of the Supreme Court will notify the parties if any additional briefing

724

or oral argument is permitted. Upon entry of the Supreme Court's decision, the Cclerk

725

shall give notice of the decision.

726

Rule 8-9.(j) Reapplication. Reapplication after denial in a character and fitness

727

determination may not be made prior to one (1) year from the date of the final decision

728

(including the appellate decision, if applicable), unless a different time period is

729

specified in the final decision. Where If just cause exists, the Character and Fitness

730

Committee may require an Aapplicant to wait up to three (3) years from the date of the

731

final decision to reapply. Where If a reapplication period longer than one (1) year is set

732

for a Utah Ddisbarred Aattorney, the time period is subject to approval by the district

733

court hearing the petition for reinstatement. See Rule 25 14-525 of the Utah Rules of

734

Discipline and Disability.

735

Rule 914-709. Application Ddenial.

736

Rule 9-1.(a) Notice from Bar. An Aapplicant whose application is denied because he

737

or she does not meet the qualifications for admission under Rule 3, 4 or Rule 5, this

738

article will receive written notice from the Bar that his or her application has been

739

denied, along with a statement explaining the deficiency and reason(s) for denial.

740

Rule 9-2.(b) Request for Rreview. A Rrequest for Rreview of the decision must be

741

filed with the Bar in writing within fifteen (15) calendar days. The Rrequest for Rreview

Effective: November 1, 2006

742

shall contain a short and plain statement of the reasons that the Aapplicant is entitled to

743

relief. A review panel consisting of no fewer than three (3) members of the Admissions

744

Committee shall review all relevant evidence. The review panel shall make a decision

745

on the Rrequest for Rreview and shall notify the Aapplicant in writing of its decision in

746

the form of a final decision.

747

Rule 9-3.(c) Supreme Court Aappeal. (a) Within thirty (30) calendar days after the

748

date of the final decision, the Aapplicant may appeal to the Supreme Court by filing a

749

written Nnotice of Aappeal with the Cclerk of the Supreme Court and serving a copy

750

upon the Ggeneral Ccounsel. At the time of filing the Nnotice of Aappeal, the Aapplicant

751

shall pay the prescribed filing fee to the Cclerk of the Supreme Court. The Cclerk will

752

not accept a Nnotice of Aappeal unless the filing fee is paid.

753

(bc)(1) Record of proceeding. A record of the proceedings shall be prepared by the

754

Bar and shall be filed with the Cclerk of the Supreme Court within twenty-one (21)

755

calendar days following the filing of the Nnotice of Aappeal.

756

(c)(2) An Aappeal Ppetition shall be filed with the Supreme Court thirty (30) calendar

757

days after the record of proceedings has been filed. The Aappeal Ppetition shall state

758

the name of the petitioner and shall designate the Bar as respondent. The Aappeal

759

Ppetition must contain the following:

760

(i) (c)(2)(A) a statement of the issues presented and the relief sought;

761

(ii) (c)(2)(B) a statement of the facts necessary to an understanding of the issues

762

presented by the appeal;

763

(iii) (c)(2)(C) the legal argument supporting the appeal; and

764

(iv) (c)(2)(D) a certificate reflecting service of the Aappeal Ppetition upon the

765

Ggeneral Ccounsel.

766

(dc)(3) Within thirty (30) calendar days after service of the Aappeal Ppetition on the

767

Bar, the Bar, as respondent, shall file with the Cclerk of the Supreme Court a response.

768

At the time of filing, a copy of the response shall be served upon the petitioner.

769

(ec)(4) Format of Aappeal and Rresponse Ppetitions. Except by permission of the

770

Supreme Court, the Aappeal Ppetition and the Bar’s Rresponse Ppetition shall not

771

exceed twenty-five (25) double-spaced pages, each. These documents shall be

Effective: November 1, 2006

772

typewritten on 8 ½ inches by 11 inches paper. The text, including footnotes, shall be in

773

type no smaller than ten (10) characters per inch for monospaced typeface and 13-point

774

or larger for proportionally spaced typeface. An original and six (6) copies of the

775

Aappeal Ppetition and the Rresponse Ppetition shall be filed with the Cclerk of the

776

Supreme Court.

777

(fc)(5) The Cclerk of the Supreme Court will notify the parties if any additional

778

briefing or oral argument is permitted. Upon entry of the Supreme Court's decision, the

779

Cclerk shall give notice of the decision.

780

Rule 1014-710. Composition of the Bar Examination.

781

Rule 10-1.(a) Student Bar Examination. The Sstudent Bar Examination shall include

782

a Wwritten Ccomponent and the MBE. The Wwritten Ccomponent of the examination

783

may consist of up to eight (8) essay questions and two (2) MPT questions. One essay

784

question shall relate to legal ethics. Essay questions may be taken from the MEE and/or

785

state prepared essay questions. Students and Sstudent Aattorney Aapplicants are

786

required to take the Sstudent Bar Examination.

787

Rule 10-2.(b) Attorney Bar Examination. The Aattorney Bar Examination shall

788

consist of the Wwritten Ccomponent of the Sstudent Bar Examination. Attorney

789

Aapplicants who meet the requirements set forth in Rule 4 14-704 are eligible to sit for

790

the Aattorney Bar Examination.

791

Rule 1114-711. Preparation, Ggrading and Sscoring of the Bar Examination.

792

Rule 11-1.(a) Preparation of Eessay Qquestions. Essay questions and model

793

answers are: selected from the MEE; or prepared by members of the Bar Examiner

794

Committee or outside sources. Members of the Bar Examiner Committee or the Bar

795

Exam Administration Committee shall review essay questions and model answers.

796

Rule 11-2.(b) Preparation of the MPT Qquestions. MPT questions and model

797

answers are prepared by the NCBE and reviewed by members of the Bar Examiner

798

Committee or Bar Exam Administration Committee.

799

Rule 11-3.(c) Grading the Wwritten Ccomponent of the Bar Examination. Essay and

800

MPT answers shall be uniformly graded on a scale from zero to five (5) points. In order

801

to assure maximum fairness and uniformity in grading, the Board or its designees shall

Effective: November 1, 2006

802

prescribe procedures and standards for grading to be used by all graders. Each MPT

803

question shall have twice the weight of an essay question. The essay and MPT scores

804

added together constitute the raw Wwritten Ccomponent score.

805

Rule 11-4.(d) Examination Sscoring and Ppassing Ggrade. The raw Wwritten

806

Ccomponent score is scaled to the MBE portion of the examination using the standard

807

deviation method. The scaled MBE score and the scaled Wwritten Ccomponent score

808

are combined. An Aapplicant who receives a combined score of 260 or above passes

809

the Bar Examination. Effective for the July 2006 Bar Examination and thereafter, an

810

Applicant who receives a combined score of 270 or above passes the Bar Examination.

811

Rule 1214-712. MBE Sscores.

812

Rule 12-1.(a) MBE Sscore Ttransferability. The Bar will not accept MBE scores

813

transferred from another jurisdiction unless the MBE is taken in the same examination

814

period that the Wwritten Ccomponent is taken in Utah.

815

Rule 12-2.(b) How to Ttransfer MBE Sscores. To transfer MBE scores, an

816

Aapplicant must send a written transfer request, along with the prescribed fee, to the

817

NCBE. A transfer request form and fee information is provided by the NCBE website.

818

See NCBE website at www.ncbex.org.

819

Rule 1314-713. MPRE.

820

Rule 13-1.(a) MPRE Rrequirements. In addition to the requirements of Rule 16-514-

821

716(e), an Aapplicant must receive a passing score on the MPRE prior to admission to

822

the Bar. The passing score must be achieved within two (2) years of the date of the Bar

823

Examination. A scaled score of 86 is considered passing. A scaled score of 80 will be

824

considered passing for Bar Examinations taken on or before July 2004. It is the

825

Applicant's responsibility to insure that his or her MPRE score is reported to the Bar.

826

Rule 13-2.(b) MPRE Examination. The MPRE is administered by the NCBE. To take

827

the MPRE, an applicant must file an application with and pay the prescribed fee to the

828

NCBE. See NCBE website at www.ncbex.org.

829

Rule 1414-714. Unsuccessful Aapplicants: disclosure and Rright of Iinspection.

830

Rule 14-1.(a) Inspection of the Wwritten Ccomponent. The Wwritten Ccomponent of

831

the Bar Examination shall be retained for no fewer than six (6) months after the date

Effective: November 1, 2006

832

that examination's results have been announced. An unsuccessful Aapplicant shall be

833

entitled to a reasonable inspection of:

834

(a)(1) the essay and MPT questions;

835

(ba)(2) the Aapplicant's answers to the essay and MPT questions of the

836

examination;

837

(ca)(3) the model answer for each question; and

838

(da)(4) an explanation of the grading process.

839

(b) Privileged Information is not subject to disclosure. All disclosure is governed by

840

Rule 19.

841

Rule 14-2.(c) Inspection of MBE. This Rrule does not permit an Aapplicant to inspect

842

the MBE, which is administered nationally. Neither copies of the MBE questions nor

843

answers are retained by the Bar.

844

(d) All disclosure under this rule is governed by Rule 14-719.

845

Rule 1514-715. Bar Examination Aappeals.

846

Rule 15-1.(a) Request for Rreview. A Rrequest for Rreview, along with the

847

prescribed filing fee, must be filed with the Bar in writing within thirty (30) calendar days

848

of the date that the Bar Examination results are mailed to the Aapplicant.

849

Rule 15-2.(b) Standard of Rreview. The Board or its designees shall only review the

850

request of failing Aapplicants who claim that failure was because of a substantial

851

irregularity in the administration of the examination that resulted in manifest unfairness

852

or because of mathematical errors in the scoring of the Aapplicant's examination. A

853

substantial irregularity in the administration of the examination will not be a matter that

854

will result in questions or answers being reread, reevaluated or regraded. The Board

855

and its designees shall not reread, reevaluate or regrade Bar Examination answers.

856

Rule 15-3.(c) Bar Examination Rreview and Aappeal Pprocedure. The Rrequest for

857

Rreview shall contain a short and plain statement of the reasons that the Aapplicant is

858

entitled to relief based on Rule 15-214-715(b).

859

(ac)(1) Review panel and Board decision. The review panel consisting of no fewer

860

than three (3) members of the Admissions Committee shall review all relevant evidence.

861

Requests for Rreview setting forth common issues may be consolidated in whole or in

Effective: November 1, 2006

862

part as determined by the chair of the review panel. The Admissions Committee shall

863

file with a panel of three (3) members of the Board its written findings of fact and

864

recommendations. The Board panel shall make a decision on the Rrequest for Rreview

865

and shall notify the Aapplicant in writing of its decision in the form of a final decision,

866

which includes findings of fact and conclusions of law.

867

(bc)(2) Appeal process. Within thirty (30) calendar days after the date of the final

868

decision, the Aapplicant may appeal to the Supreme Court by filing a written Nnotice of

869

Aappeal with the Cclerk of the Supreme Court and serving a copy upon the Ggeneral

870

Ccounsel. At the time of filing the Nnotice of Aappeal, the Aapplicant shall pay the

871

prescribed filing fee to the Cclerk of the Supreme Court. The Cclerk will not accept a

872

Nnotice of Aappeal unless the filing fee is paid.

873

(c)(3) Records of proceedings. A record of the proceedings shall be prepared by the

874

Bar and shall be filed with the Cclerk of the Supreme Court within twenty-one (21)

875

calendar days following the filing of the Nnotice of Aappeal.

876

(dc)(4) Appeal petition. An Aappeal Ppetition shall be filed with the Supreme Court

877

thirty (30) calendar days after a record of the proceedings has been filed with the

878

Supreme Court. The Aappeal Ppetition shall state the name of the petitioner and shall

879

designate the Bar as respondent. The Aappeal Ppetition must contain the following:

880

(i) (c)(4)(A) a statement of the issues presented and the relief sought;

881

(ii) (c)(4)(B) a statement of the facts necessary to an understanding of the issues

882

presented by the appeal;

883

(iii) (c)(4)(C) the legal argument supporting the petitioner's request; and

884

(iv) (c)(4)(D) a certificate reflecting service of the Aappeal Ppetition upon the

885

Ggeneral Ccounsel.

886

(ec)(5) Format of Aappeal and Rresponse Ppetitions. Except by permission of the

887

court, the Aappeal Ppetition and the Bar’s response shall not exceed twenty-five (25)

888

double-spaced pages, each. These documents shall be typewritten on 8 ½ inches by 11

889

inches paper. The text, including footnotes, shall be in type no smaller than ten (10)

890

characters per inch for monospaced typeface and 13-point or larger for proportionally

Effective: November 1, 2006

891

spaced typeface. An original and six (6) copies of the Aappeal Ppetition and the

892

Rresponse Ppetition shall be filed with the Cclerk of the Supreme Court.

893

(fc)(6) Within thirty (30) calendar days after service of the Aappeal Ppetition on the

894

Bar, the Bar, as respondent, shall file its response with the Cclerk of the Supreme

895

Court. At the time of filing, a copy of the response shall be served upon the petitioner.

896

(gc)(7) The Cclerk of the Supreme Court will notify the parties if any additional

897

briefing or oral argument is permitted. Upon entry of the Supreme Court's decision, the

898

Cclerk shall give notice of the decision.

899

Rule 1614-716. License Ffees,; Eenrollment Ffees,; Ooath and Aadmission.

900

Rule 16-1.(a) Court Eenrollment Ffees and Bar Llicense Ffee. After notification that

901

the Board has approved the Aapplicant for admission, the Aapplicant must pay to the

902

Bar the applicable Bar license fee for either active or inactive status. The Aapplicant

903

must pay to the Bar the mandatory Supreme Court enrollment fee, regardless of

904

whether the Aapplicant elects active or inactive attorney status. If an Aapplicant elects

905

active status, an Aapplicant must pay to the Bar the enrollment fee of the United States

906

District Court for the District of Utah. The Bar collects and transmits the federal and

907

state court enrollment fees.

908

Rule 16-2.(b) Motion for Aadmission and Eenrollment. Upon satisfaction of the

909

requirements of Rule 16-114-716(a), the Board will submit motions to the Supreme

910

Court and the United States District Court for the District of Utah for admission certifying

911

that the Aapplicants have satisfied all qualifications and requirements for admission to

912

the Bar. The Board will submit three (3) motions for admission per year: October,

913

February and May. After the motions are submitted and upon approval by the Supreme

914

Court and the United States District Court for the District of Utah and upon taking the

915

required oath, an Aapplicant is eligible to be enrolled into Utah's state and federal

916

courts.

917

Rule 16-3.(c) Admission Cceremony. There will be two (2) admission ceremonies a

918

year to administer the required oath to be placed on either active or inactive attorney

919

status: May and October.

Effective: November 1, 2006

920

Rule 16-4.(d) Oath of Aattorney and Ccertificate of Aadmission. Every Aapplicant

921

must take an oath. The oath must be administered by the Cclerk of the Supreme Court,

922

the clerk of a court of the United States, a Utah Sstate judge orf district or juvenile court

923

level or higher, a judge of a court of the United States or a judge of a court of general

924

jurisdiction or higher of a state of the United States. In the event of military assignment

925

outside the United States, a military court judge may administer the oath. After

926

administration of the oath, each Aapplicant must sign the roll of attorneys maintained by

927

the Cclerk of the Supreme Court at which time the Aapplicant receives a certificate of

928

admission to the Bar. If the oath is administered other than at an admission ceremony

929

as provided in these Rules this article, the Aapplicant must contact the Cclerk of the

930

Supreme Court for information on administration of the oath. If the Aapplicant elects

931

active status, he or she must also contact the United State District Court for the District

932

of Utah and sign its roll of attorneys.

933

Rule 16-5.(e) Time Llimit for Aadmission. If an Aapplicant has met all other

934

admission requirements, but fails to pay the prescribed license and enrollment fees or

935

fails to take the oath as required by Rule 16-414-716(d) within two (2) years after

936

notification of approval by the Board, the approval for admission is automatically

937

withdrawn. Failure to timely satisfy the provision of this Rrule requires an Aapplicant to

938

recommence the application process including a new application, payment of fees, a

939

character and fitness investigation and retaking of the Bar Examination, if applicable.

940

Rule 1714-717. Readmission after Rresignation or Ddisbarment of Utah Aattorneys.

941

Rule 17-1.(a) Readmission after Rresignation without Ddiscipline Ppending.

942

Readmission subsequent to the resignation without discipline pending of a member of

943

the Bar requires a new application, payment of fees, and a character and fitness

944

investigation. An Aapplicant is not required to retake the Bar Examination but must fully

945

comply with the requirements of Rule 1614-716.

946

Rule 17-2.(b) Readmission of Ddisbarred Aattorneys. An Aapplicant for readmission

947

to the Bar under these circumstances shall satisfy all requirements of these Rules this

948

article, including Rules 314-703, 7-314-707(c), 8-614-708(g) and 1614-716, and shall

949

satisfy all other requirements imposed by Rule 25 14-525 of the Utah Rules of Lawyer

Effective: November 1, 2006

950

Discipline and Disability, the OPC, and Utah courts. A report and recommendation shall

951

be filed by the Character and Fitness Committee in the district court in which the

952

Aapplicant has filed his or her petition for readmission. The district court must approve

953

the Aapplicant's petition for readmission under Rule 25 14-525 of the Utah Rules of

954

Lawyer Discipline and Disability before an Aapplicant can be admitted and licensed

955

under Rule 16 14-716 to practice law.

956

Rule 1814-718. Licensing of Fforeign Llegal Cconsultants.

957

Licensing of foreign legal consultants is governed by Rule 14-811 and administered

958

in conjunction with this article.

959

Rule 18 is not set forth in its entirety due to its length. An Applicant may request a

960

copy of the complete Rule from the Bar's Admission Office or access it on the Bar's

961

website at www.utahbar.org.

962

963

Rule 18-1. General Requirements. The Supreme Court may license as a Foreign

Legal Consultant an Applicant who meets all of the following requirements:

964

(a) is a member in good standing of a recognized legal profession in a foreign

965

country, the members of which are admitted to practice as attorneys or counselors at

966

law or the equivalent and are subject to effective regulation and discipline by a duly

967

constituted professional body or a public authority;

968

969

970

971

(b) possesses the good moral character and general fitness as required under the

Rules for a member of the Bar;

for that purpose;

972

(d) has passed the MPRE in accordance with Rule 13; and

973

(e) has successfully completed the one-day Bar's OPC Ethics School.

974

Rule 18-2. Proof Required. An Applicant seeking licensing as a Foreign Legal

975

Consultant shall file with the Bar:

976

(a) a certificate from the professional body or public authority in such foreign country

977

having final jurisdiction over professional discipline, certifying as to the Applicant’s

978

admission to practice and the date thereof, and attesting to the Applicant's good

979

standing as such attorney or counselor at law or the equivalent;

Effective: November 1, 2006

980

(b) a duly authenticated English translation of such certificate, if it is not in English;

981

982

qualifications, good moral character and general fitness, and compliance with the

983

requirements of these Rules as the Supreme Court may require;

984

985

(d) a duly executed statement confirming that the Applicant understands and will

observe the Utah Rules of Professional Conduct;

986

(e) a certificate evidencing Applicant has professional liability insurance;

987

(f) a duly acknowledged instrument setting forth his address in Utah, his or her

988

address in the foreign country, and designating that the Clerk of the Supreme Court is

989

the Applicant's agent upon whom process may be served; and

990

(g) application fees equal to the fee required of an attorney Applicant applying for

991

admission as a member of the Bar, and an annual licensing fee equal to the fee

992

required of a member of the Bar renewing his or her license to practice law.

993

Rule 18-3. Scope of Practice. A person licensed to practice as a Foreign Legal

994

Consultant under this Rule may render legal services in Utah with respect to the law of

995

the foreign country in which such person is admitted to practice law, subject, however,

996

to the limitations that he or she shall not:

997

(a) appear as an attorney in any court in Utah in other than a pro se capacity;

998

(b) render professional legal advice on the law of Utah or on the United State of

999

America ("United States");

1000

1001

including, but not limited to, any instrument regarding marital or parental relations of a

1002

resident of the United States, any will or trust instrument affecting property owned by a

1003

resident of the United State, or any instrument affecting the transfer or registration of the

1004

title of real estate located in the United States.

1005

Rule 1914-719. Confidentiality.

1006

Rule 19-1.(a) Confidentiality. Confidential Iinformation relating to admissions shall

1007

not be disclosed other than as permitted by these Rules this article. Confidential

1008

information includes but is not limited to all records, documents, reports, letters and

Effective: November 1, 2006

1009

sources whether or not from other agencies or associations, relating to admissions and

1010

the examination and grading process.

1011

Rule 19-2.(b) Disclosure of Cconfidential Iinformation in Aadmissions Pprocess.

1012

Nothing in these Rules this article limits disclosure of confidential information to the

1013

Board and the Bar's employees, committees and their agents in connection with the

1014

performance of and within the scope of their duties.

1015

Rule 19-3.(c) Disclosure of Cconfidential Iinformation to Aapplicant. An Aapplicant

1016

and an Aapplicant's attorney are entitled to Cconfidential Iinformation directly related to

1017

the Aapplicant:

1018

1019

(ac)(1) which is to be considered by the Character and Fitness Committee in

conjunction with a formal hearing in accordance with Rule 8-314-708(c); and

1020

(bc)(2) as permitted by Rule 1414-714.

1021

Rule 19-4.(d) Privileged Iinformation. Neither an Aapplicant nor an Aapplicant's

1022

attorney nor any person is entitled to Pprivileged Iinformation.

1023

Rule 19-5.(e) Communications Rrelating to Aapplications. Letters or information

1024

relating to an Aapplicant in which the writer requests confidentiality shall not be placed

1025

into evidence or otherwise made available to the decision-making body or anyone else

1026

involved in a decision-making capacity with respect to the admission of the Aapplicant.

1027

Such material will be destroyed by the Aadmissions Ooffice. Any person having

1028

knowledge of the content of the information shall withdraw from participation in the

1029

matter, and if necessary persons shall be appointed to replace those required to

1030

withdraw from the decision-making process.

1031

Rule 19-6.(f) Release of Iinformation. Except as otherwise authorized by order of the

1032

Supreme Court, the Bar shall deny requests for Cconfidential Iinformation but may grant

1033

the request if made by one of the following entities:

1034

1035

1036

1037

1038

(af)(1) Aan entity authorized to investigate the qualifications of persons for admission

to practice law;

(bf)(2) Aan agency or entity authorized to investigate the qualifications of persons for

government employment;

(cf)(3) Aa lawyer discipline enforcement agency; or

Effective: November 1, 2006

1039

1040

(df)(4) Aan agency or entity authorized to investigate the qualifications of judicial

candidates.

1041

(g) Release of confidential information. If the request for confidential information is

1042

granted, Confidential Informationit shall be released only upon certification by the

1043

requesting agency or entity that the Cconfidential Iinformation shall be used solely for

1044

authorized purposes. If one of the above-enumerated entities requests Cconfidential

1045

Iinformation, the Bar shall give written notice to the Aapplicant that the Cconfidential

1046

Iinformation will be disclosed within ten (10) calendar days unless the Aapplicant

1047

obtains an order from the Supreme Court restraining such disclosure.

1048

Rule 19-7.(h) Immunity from civil suits. Participants in proceedings conducted under

1049

these rules this article shall be entitled to the same protections for statements made in

1050

the course of the proceedings as participants in judicial proceedings. The Aadmissions-

1051

related committee members, the Ddeputy Ggeneral Ccounsel in Charge of Admissions,

1052

the Ggeneral Ccounsel and admissions staff shall be immune from suit for any conduct

1053

committed in the course of their official duties, including the investigatory stage. There is

1054

no immunity from civil suit for intentional misconduct.

1055

Rule 19-8.(i) Persons Pproviding Iinformation to Aadmission Ooffice or Aadmissions-

1056

related Ccommittees. Every person or entity shall be immune from civil liability for

1057

providing, in good faith, documents, statements of opinion, records or other information

1058

regarding an applicant or potential applicant for admission to the Utah State Bar to the

1059

Aadmissions Ooffice or to those members of the Aadmissions-related committees.

1060

Rule 20. 14-720 Qualifications for admission of house counsel applicants.

1061

Rule 20-1. (a) Scope of practice. An attorney admitted to the Bar as House Counsel

1062

shall limit his or her practice of law including legal representation only to the business of

1063

his or her employer. House Counsel shall not:

1064

1065

(a)(1) Appear before a court of record or not of record as an attorney or counselor in

the State of Utah except as otherwise authorized by law or rule; or

1066

(b) (a)(2) Offer legal services or advice to the public or hold himself or herself out as

1067

being so engaged or authorized, except as permitted under Rule 5.5 of the Utah Rules

1068

of Professional Conduct. An attorney granted a House Counsel license is not prevented

Effective: November 1, 2006

1069

from appearing in any matter pro se or from fulfilling the duties of a member of the

1070

active or reserve components of the armed forces or the National Guard.

1071

Rule 20-2. (b) Requirements of house counsel applicants. To be recommended for

1072

admission to the Bar as House Counsel, a person must establish by clear and

1073

convincing evidence that he or she meets each of the following requirements:

1074

(a) (b)(1) Filed with the Admissions Office a Complete Application for admission to

1075

the Bar and paid the prescribed application fee;

1076

(b)(2) Be at least twenty-one years old;

1077

1078

1079

1080

1081

1082

Bachelor of Laws) from an Approved Law School;

(d) (b)(4) Be licensed to practice law and in active status in a sister state or United

States territory or the District of Columbia;

(e) (b)(5) Either (1) be a bona fide resident of the State of Utah or (2) maintain an

office as the employer’s House Counsel within the State of Utah;

1083

(f) (b)(6) Be employed and practice law exclusively as House Counsel for a

1084

corporation, its subsidiaries or affiliates, an association, a business, or other legal entity

1085

whose lawful business consists of activities other than the practice of law or the

1086

provision of legal services;

1087

(g) (b)(7) Provide an affidavit signed by both the Applicant and the employer that the

1088

Applicant is employed exclusively as House Counsel and that Applicant has disclosed

1089

to the employer the limitations on House Counsel’s license of practicing under this rule;

1090

(h) (b)(8) Be of good moral character and have satisfied the requirements of Rule 8

1091

1092

1093

14-708;

(i) (b)(9) Present satisfactory proof of both admission to the practice of law and that

he or she is a member in good standing in all jurisdictions where currently admitted;

1094

(j) (b)(11) File with the application a certificate from the entity having authority over

1095

professional discipline for each jurisdiction where the Applicant is licensed to practice

1096

which certifies that the Applicant is not currently subject to lawyer discipline or the

1097

subject of a pending disciplinary matter; and

Effective: November 1, 2006

1098

1099

1100

1101

(k) (b)(12) Complied with the oath and enrollment provisions of Rule 16 14-716 and

paid the licensing fees required for active status.

Rule 20-3. (c) Application. An Applicant requesting a license to serve as House

Counsel must file a Complete Application for admission.

1102

(a) (c)(1) An application under this rule may be filed at any time.

1103

(b) (c)(2) The processing time of a House Counsel application is approximately 90 to

1104

1105

1106

1107

180 days.

(c)(3) Applicants must meet all House Counsel admission requirements in

accordance with Rule 20-2 this rule.

(d) (c)(4) Upon approval by the Board of an application, the Applicant will be

1108

admitted in accordance with Rule 16-2 14-716(b).

1109

Rule 20-4. (d) Unauthorized practice of law.

1110

(a) (d)(1) It is the unauthorized practice of law for an attorney not licensed in Utah to

1111

practice law in the state except as otherwise provided by law.

1112

(b) (d)(2) An attorney who complies with the requirements of Rule 20-2(a)

1113

subsection (b)(1) may provide services to an employer in Utah while the application is

1114

pending as long as the application is filed within six months of the out-of-state attorney

1115

establishing an office or residence in Utah.

1116

1117

Utah for an employer shall be denied a House Counsel license solely because of the

1118

attorney’s prior failure to seek admission to the Bar, provided that an application

1119

pursuant to this rule is filed within one year of the Court’s adoption of this rule.

1120

(d)(4) After the one-year enrollment period referred to in Rule 20-4(c) subsection

1121

(d)(3), an attorney who provides legal advice to his or her employer but is not an active

1122

member of the Bar or licensed as a House Counsel pursuant to this rule may be

1123

referred for investigation for the unauthorized practice of law.

1124

Rule 20-5. (e) Continuing legal education requirement. House Counsel shall:

1125

(a) (e)(1) File with the Board of Mandatory Continuing Legal Education (“MCLE

1126

Board”), by January 31 of each year, a Certificate of Compliance from the jurisdiction

1127

where House Counsel maintains an active license establishing that he or she has

Effective: November 1, 2006

1128

completed the hours of continuing legal education required of active attorneys in the

1129

jurisdiction where House Counsel is licensed; and

1130

(b) (e)(2) Pay the designated filing fee at the time of filing the Certificate of

1131

Compliance. A House Counsel admitted under this rule who fails to comply with the

1132

CLE filing requirement by the January 31 deadline shall be assessed a late fee. Any

1133

House Counsel who fails to file within thirty (30) calendar days of the January 31

1134

deadline may be subject to suspension and a reinstatement fee.

1135

Rule 20-6. (f) Applicable regulations. House Counsel is subject to and must comply

1136

with the Utah Rules of Professional Conduct, the Rules Governing Admission to the

1137

Utah State Bar, the Rules for Integration and Management of the Utah State Bar, the

1138

Rules of Lawyer Discipline and Disability Chapter 14, Article 1, Integration and

1139

Management, Chapter 14, Article 5, Lawyer Discipline and Disability, Chapter 14, Article

1140

7, Admissions, and all other rules and regulations governing the conduct and discipline

1141

of members of the Bar.

1142

Rule. 20-7. (g) Discipline. House Counsel is subject to professional discipline in the

1143

same manner and to the same extent as a member of the Bar. Every person licensed

1144

under this rule is subject to control by the courts of the State of Utah and to censure,

1145

suspension, removal, or revocation of his or her license to practice as House Counsel in

1146

Utah regardless of where the conduct occurs.

1147

Rule 20-8. (h) Notification of change in standing.

1148

(a) (h)(1) House Counsel shall execute and file with the Licensing Office a written

1149

notice of any change in that person’s membership status, good standing or

1150

authorization to practice law in any jurisdiction where licensed.

1151

(b) (h)(2) House Counsel shall execute and file with the Office of Professional

1152

Conduct a written notice of the commencement of all formal disciplinary proceedings

1153

and of all final disciplinary actions taken in any other jurisdiction.

1154

Rule 20-9. (i) No Solicitation. House Counsel is not authorized by anything in this

1155

rule to hold out to the public or otherwise solicit, advertise, or represent that he or she is

1156

available to assist in representing the public in legal matters in Utah.

Effective: November 1, 2006

1157

Rule 20-10. (j) Cessation of activity as house counsel. A House Counsel license

1158

terminates and the House Counsel shall immediately cease performing all services

1159

under this rule and shall cease holding himself or herself out as House Counsel upon:

1160

1161

1162

1163

(a) (j)(1) Termination of employment with the qualified employer as provided in Rule

20-2(f) subsection (b)(6);

(b) (j)(2) Termination of residence, or the maintenance of his or her office in the

State of Utah as provided in Rule 20-2(e) subsection (b)(5);

1164

1165

the District of Columbia, or to satisfy the Bar’s annual licensing requirements, including

1166

compliance with mandatory continuing legal education requirements as provided for in

1167

this rule;

1168

1169

(d) (j)(4) Completion of any disciplinary proceeding in Utah or any other jurisdiction,

which warrants suspension or termination of the House Counsel license; or

1170

(e) (j)(5) An attorney who seeks admission to practice in this state as House Counsel

1171

and who previously had a Utah House Counsel license that was terminated due to a

1172

disciplinary proceeding pursuant to Rule 20-10(d) subsection (j)(4) or whose license

1173

was terminated for a period longer than six months pursuant to Rule 20-10(a), (b)

1174

and/or (c) subsection (j)(1), (j)(2), or (j)(3) must file a new application under this rule.

1175

Rule 20-11. (k) Reinstatement after temporary lapse in license. An attorney whose

1176

House Counsel license is terminated pursuant to Rule 20-10(a), (b) and/or (c)

1177

subsection (j)(1), (j)(2), or (j)(3) shall be reinstated to practice law as a House Counsel if

1178

within six months from the termination the attorney is able to demonstrate to the

1179

Admissions Office that he or she has:

1180

1181

1182

1183

(a) (k)(1) Employment with a qualified employer and has provided the required

verification of employment pursuant to Rule 20-2(g) of this rule subsection (b)(7);

(b) (k)(2) Established a residence or maintains an office for the practice of law as

House Counsel for the employer within the State of Utah; and/or

1184

1185

Columbia and has complied with the Bar’s annual licensing requirements for House

1186

Counsel.

Effective: November 1, 2006

1187

Rule 20-12. (l) Notice of change of employment. House Counsel shall notify, in

1188

writing, the Licensing Office of the termination of the employment pursuant to which the

1189

House Counsel license was issued.

1190

Rule 20-13. (m) Full admission to the Utah State Bar. A House Counsel license will

1191

be terminated automatically once the attorney has been otherwise admitted to the

1192

practice of law in Utah as an active member of the Bar. Any person who has been

1193

issued a House Counsel license may qualify for full membership by establishing by

1194

clear and convincing evidence that he or she meets the following requirements:

1195

(a) (m)(1) Filed a complete written request for a change of status with the

1196

Admissions Office in accordance with the filing deadlines set forth in Rule 7-2 14-

1197

707(b). The request for a change of status must include:

1198

(a)(1) (m)(1)(A) A Reapplication for Admission form updating the information

1199

provided in the original application, including payment of the prescribed application fee.

1200

If the original application for admission is more than two (2) years old, a new Complete

1201

Application for admission must be filed;

1202

1203

1204

1205

(a)(2) (m)(1)(B) A criminal background check dated no more than 180 days prior to

the filing of the change of status request;

(a)(3) (m)(1)(C) Satisfactory proof of both admission to the practice of law and that

House Counsel is a member in good standing in all jurisdictions where admitted; and

1206

(a)(4) (m)(1)(D) A certificate from the entity having authority over professional

1207

discipline for each jurisdiction where House Counsel is licensed to practice which

1208

certifies that House Counsel is not currently subject to lawyer discipline or the subject of

1209

a pending disciplinary matter.

1210

1211

1212

1213

(b) (m)(2) Be of good moral character and have satisfied the requirements of Rule 8

14-708;

1214

(d) (m)(4) Successfully passed the MPRE as prescribed in Rule 13 14-713; and

1215

(e) (m)(5) Complied with the provisions of Rule 16 14-716 concerning licensing and

1216

enrollment fees.

Effective: November 1, 2006

1217

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.