Effective: November 1, 2006
Court rules
Ask Donna
What actually matters in this document.
Text
Effective: November 1, 2006
1
Article 8. Special Practice Rules.
2
Rule 14-801. Definitions.
3
As used in this article:
4
(a) "approved legal services organization" means a Utah not-for-profit legal services
5
organization which is approved by the Bar as set forth herein. A legal services
6
organization seeking approval from the Bar shall file a petition with the Bar, attaching
7
copies of its Articles of Incorporation and Bylaws, if any, and certifying that it is a not-for-
8
profit organization, reciting with specificity:
9
(a)(1) the structure of the organization and whether it accepts funds from its clients;
10
(a)(2) the major sources of funds used by the organization;
11
(a)(3) the criteria used to determine potential clients' eligibility for legal services
12
performed by the organization;
13
(a)(4) the types of legal and nonlegal service performed by the organization;
14
(a)(5) the names of all members of the Bar who are employed by the organization or
15
16
17
who regularly perform legal work for the organization; and
(a)(6) the existence and extent of malpractice insurance which will cover the
volunteer attorneys with such documentation being updated on an annual basis.
18
(b) “attorney applicant” means a lawyer applicant as defined by the Rule 14-701.
19
(c) “Bar” means the Utah State Bar;
20
(d) “OPC” means the Bar’s Office of Professional Conduct.
21
(e) “supervising attorney” means an active member of the Bar who generally
22
supervises a volunteer attorney. The supervising attorney must:
23
(e)(1) be employed by an approved legal services organization;
24
(e)(2) assume professional responsibility as contemplated by Rule 5.1 of the Utah
25
Rules of Professional Conduct for supervising the conduct of any litigation,
26
administrative proceeding or other legal services in which the volunteer attorney
27
participates providing, however, that concurrent administrative or judicial appearance is
28
at the discretion of the supervising attorney;
29
30
(e)(3) assist the volunteer attorney in his or her legal service preparation to the
extent that the supervisory attorney considers it necessary; and
Effective: November 1, 2006
31
(e)(4) ensure along with the agency that the volunteer attorney has appropriate and
32
adequate training, knowledge and competency to perform the legal service permitted
33
under these rules.
34
(f) “Supreme Court” means the Utah Supreme Court.
35
(g) “volunteer attorney” means a person who meets the requirements of Rule 14-
36
803.
37
Rule 1.0.14-802. Authorization to practice law.
38
(a) Except as set forth in subsection (c) of this Rrule, only persons who are active,
39
licensed members of the Utah State Bar in good standing may engage in the practice of
40
law in Utah.
41
(b) For purposes of this Rrule:
42
(b)(1) The “practice of law” is the representation of the interests of another person
43
by informing, counseling, advising, assisting, advocating for or drafting documents for
44
that person through application of the law and associated legal principles to that
45
person’s facts and circumstances.
46
(b)(2) The “law” is the collective body of declarations by governmental authorities
47
that establish a person’s rights, duties, constraints and freedoms and consists primarily
48
of:
49
50
51
(b)(2)(A) constitutional provisions, treaties, statutes, ordinances, rules, regulations
and similarly enacted declarations; and
(b)(2)(B)
decisions, orders and deliberations of adjudicative, legislative and
52
executive bodies of government that have authority to interpret, prescribe and
53
determine a person’s rights, duties, constraints and freedoms.
54
55
(b)(3) “Person” includes the plural as well as the singular and legal entities as well
as natural persons.
56
(c) Whether or not it constitutes the practice of law, the following activity by a non-
57
lawyer, who is not otherwise claiming to be a lawyer or to be able to practice law, is
58
permitted:
59
(c)(1)
60
Making legal forms available to the general public, whether by sale or
otherwise, or publishing legal self-help information by print or electronic media.
Effective: November 1, 2006
61
(c)(2)
Providing general legal information, opinions or recommendations about
62
possible legal rights, remedies, defenses, procedures, options or strategies, but not
63
specific advice related to another person’s facts or circumstances.
64
(c)(3) Providing clerical assistance to another to complete a form provided by a
65
court for protection from harassment or domestic violence or abuse when no fee is
66
charged to do so.
67
(c)(4) When expressly permitted by the court after having found it clearly to be in the
68
best interests of the child or ward, assisting one’s minor child or ward in a juvenile court
69
proceeding.
70
(c)(5) Representing a natural person in small claims court without compensation
71
and upon the express approval of the court or representing a legal entity as an
72
employee representative in small claims court.
73
(c)(6) Representing without compensation a natural person or representing a legal
74
entity as an employee representative of that entity in an arbitration proceeding, where
75
the amount in controversy does not exceed the jurisdictional limit of the small claims
76
court set by the Utah Legislature.
77
(c)(7) Representing a party in any mediation proceeding.
78
(c)(8)
79
Acting as a representative before administrative tribunals or agencies as
authorized by tribunal or agency rule or practice.
80
(c)(9) Serving in a neutral capacity as a mediator, arbitrator or conciliator.
81
(c)(10) Participating in labor negotiations, arbitrations or conciliations arising under
82
collective bargaining rights or agreements or as otherwise allowed by law.
83
(c)(11) Lobbying governmental bodies as an agent or representative of others.
84
(c)(12)
85
Advising or preparing documents for others in the following described
circumstances and by the following described persons:
86
(c)(12)(A) a real estate agent or broker licensed by the Sstate of Utah may complete
87
State-approved forms including sales and associated contracts directly related to the
88
sale of real estate and personal property for their customers.
89
90
(c)(12)(B) an abstractor or title insurance agent licensed by the Sstate of Utah may
issue real estate title opinions and title reports and prepare deeds for customers.
Effective: November 1, 2006
91
(c)(12)(C) financial institutions and securities brokers and dealers licensed by the
92
State of Utah may inform customers with respect to their options for titles of securities,
93
bank accounts, annuities and other investments.
94
(c)(12)(D) insurance companies and agents licensed by the Sstate of Utah may
95
recommend coverage, inform customers with respect to their options for titling of
96
ownership of insurance and annuity contracts, the naming of beneficiaries, and the
97
adjustment of claims under the company’s insurance coverage outside of litigation.
98
(c)(12)(E)
health care providers may provide clerical assistance to patients in
99
completing and executing durable powers of attorney for health care and natural death
100
declarations when no fee is charged to do so.
101
102
(c)(12)(F) Certified Public Accountants, enrolled IRS agents, public accountants,
public bookkeepers, and tax preparers may prepare tax returns.
103
Comment:
104
Subsection (a)
105
“Active” in this paragraph refers to the formal status of a lawyer, as determined by
106
the Utah State Bar. Among other things, an active lawyer must comply with the Bar’s
107
requirements for continuing legal education.
108
Subsection (b).
109
The practice of law defined in Subparagraph (b)(1) includes:
giving advice or
110
counsel to another person as to that person’s legal rights or responsibilities with respect
111
to that person’s facts and circumstances; selecting, drafting or completing legal
112
documents that affect the legal rights or responsibilities of another person; representing
113
another person before an adjudicative, legislative or executive body, including the
114
preparation or filing of documents and conducting discovery; negotiating legal rights or
115
responsibilities on behalf of another person.
116
Because representing oneself does not involve another person, it is not technically
117
the “practice of law.” Thus, any natural person may represent oneself as an individual
118
in any legal context. To the same effect is Section III.T of the Rules for Article 1, Rule
119
14-111 Integration and Management of the Utah State Bar: “Nothing in this section
120
article shall prohibit a person who is unlicensed as an attorney at law or a foreign legal
Effective: November 1, 2006
121
consultant from personally representing that person's own interests in a cause to which
122
the person is a party in his or her own right and not as assignee.”
123
Similarly, an employee of a business entity is not engaged in “the representation of
124
the interest of another person” when activities involving the law are a part of the
125
employee’s duties solely in connection with the internal business operations of the entity
126
and do not involve providing legal advice to another person. Further, a person acting in
127
an official capacity as an employee of a government agency that has administrative
128
authority to determine the rights of persons under the law is also not representing the
129
interests of another person.
130
As defined in subparagraph (b)(2), “the law” is a comprehensive term that includes
131
not only the black-letter law set forth in constitutions, treaties, statutes, ordinances,
132
administrative and court rules and regulations, and similar enactments of governmental
133
authorities, but the entire fabric of its development, enforcement, application and
134
interpretation.
135
136
Laws duly enacted by the electorate by initiative and referendum under constitutional
authority would be included under subparagraph (b)(2)(A).
137
Subparagraph (b)(2)(B) is intended to incorporate the breadth of decisional law, as
138
well as the background, such as committee hearings, floor discussions and other
139
legislative history, that often accompanies the written law of legislatures and other law-
140
and rule-making bodies.
141
includes courts and similar tribunals, arbitrators, administrative agencies and other
142
bodies that render judgments or opinions involving a person’s interests.
Reference to adjudicative bodies in this subparagraph
143
Subsection (c).
144
To the extent not already addressed by the requirement that the practice of law
145
involves the representation of others, subparagraph (c)(2) permits the direct and indirect
146
dissemination of legal information in an educational context, such as legal teaching and
147
lectures.
148
149
Subparagraph (c)(3) permits assistance provided by employees of the courts and
legal-aid and similar organizations that do not charge for providing these services.
Effective: November 1, 2006
150
Subparagraph (c)(7) applies only to the procedures directly related to parties’
151
involvement before a neutral third-party mediator; it does not extend to any related
152
judicial proceedings unless otherwise provided for under this rule (e.g., under
153
subparagraph (c)(5)).
154
155
Rule I14-803. Inactive lawyers providing legal services for legal services
organizations; Ppurposes.
156
(a) Individuals admitted to the practice of law in Utah have a responsibility to provide
157
competent legal services for all persons, including those unable to pay for such
158
services. As one means of meeting these legal needs, the following Rules govern the
159
participation of inactive pro bono lawyers in delivering legal services for or on behalf of
160
legal services organizations approved by the Utah State Bar.
161
I.(A) (b) A lawyer who is or was admitted to practice law before the Utah Supreme
162
Court, and who has assumed inactive status may provide legal services with an
163
approved legal services organization if he or she:
164
I.(A)(1) (b)(1) has been a member in good standing of the Utah State Bar and has
165
been approved to participate in the Iinactive Ppro Bbono Llawyer Pprogram by the Bar's
166
Office of Professional Conduct; and
167
168
169
170
I.(A)(2) (b)(2) agrees to abide by the Utah Rules of Professional Conduct and submit
to the jurisdiction of the Utah State Bar for disciplinary purposes; and
I.(A)(3) (b)(3) neither asks for nor receives compensation of any kind for the legal
services to be rendered hereunder.
171
Rule II. Definitions.
172
II.(A) An "approved legal services organization" for the purposes of this article is a
173
Utah not-for-profit legal services organization which is approved by the Utah State Bar
174
as set forth herein. A legal services organization seeking approval from the Utah State
175
Bar for the purposes of this article shall file a petition with the Utah State Bar, attaching
176
copies of its Articles of Incorporation and Bylaws, if any, and certifying that it is a not-for-
177
profit organization, reciting with specificity:
178
179
II.(A)(1) the structure of the organization and whether it accepts funds from its
clients;
Effective: November 1, 2006
180
II.(A)(2) the major sources of funds used by the organization;
181
II.(A)(3) the criteria used to determine potential clients' eligibility for legal services
182
performed by the organization;
183
II.(A)(4) the types of legal and nonlegal service performed by the organization;
184
II.(A)(5) the names of all members of the Utah State Bar who are employed by the
185
186
187
organization or who regularly perform legal work for the organization; and
II.(A)(6) the existence and extent of malpractice insurance which will cover the
volunteer attorneys with such documentation being updated on an annual basis.
188
II.(B) A "supervising attorney" as used herein is an active member of the Utah State
189
Bar who generally supervises a volunteer attorney engaged in activities permitted by
190
this Rule. The supervising attorney must:
191
II.(B)(1) be employed by an approved legal services organization; and
192
II.(B)(2) assume professional responsibility as contemplated by Rule 5.1 of the Utah
193
Rules of Professional Conduct for supervising the conduct of any litigation,
194
administrative proceeding or other legal services in which the volunteer attorney
195
participates providing, however, that concurrent administrative or judicial appearance is
196
at the discretion of the supervising attorney; and
197
198
II.(B)(3) assist the volunteer attorney in his or her legal service preparation to the
extent that the supervisory attorney considers it necessary; and
199
II.(B)(4) insure along with the agency that the volunteer attorney has appropriate and
200
adequate training, knowledge and competency to perform the legal service permitted
201
under these Rules.
202
Rule III. (c) Activities.
203
III.(A) A volunteer attorney under this Rule, in association with an approved legal
204
services organization and under the general supervision of a supervising attorney, may
205
perform the following activities:
206
III.(A)(1) The volunteer attorney may (c)(1) appear in any court or before any
207
administrative tribunal or arbitrator in this state Utah on behalf of a client of an approved
208
legal services organization if a supervising attorney has given written approval for that
209
appearance.;
Effective: November 1, 2006
210
III.(A)(2) The volunteer attorney may (c)(2) prepare pleadings and other documents
211
signed by the volunteer attorney and supervising attorney to be filed in any court or
212
before any administrative tribunal or arbitrator in this State Utah in any manner in which
213
the volunteer attorney is involved. Such pleading also shall be signed by the supervising
214
attorney.;
215
III.(A)(3) The volunteer attorney may (c)(3) render legal advice and perform other
216
appropriate legal services but only after prior consultation with, and upon the express
217
consent of, the supervising attorney.; and
218
219
III.(A)(4) The volunteer attorney may (c)(4) engage in such other preparatory
activities as are necessary for any matter in which he or she is involved.
220
Rule IV. (d) Supervision and Llimitations.
221
IV.(A)(d)(1) A volunteer attorney may not perform authorized activities authorized by
222
this Rule unless he or she is under the general supervision of a supervising attorney.
223
IV.(B)(d)(2) Volunteer attorneys permitted to perform limited legal services under this
224
Rule are not, and shall not represent themselves to be, active members of the Utah
225
State Bar licensed to practice law generally in Utahthis state as Utah Code Ann. 78-9-
226
101 prohibits the unauthorized practice of law.
227
IV.(C)(d)(3) The prohibition against compensation for the volunteer attorney shall not
228
prevent the approved legal services organization from reimbursing the volunteer
229
attorney for actual expenses incurred while rendering services hereunder nor shall it
230
prevent the approved legal services organization from making such charges for its
231
services as it may otherwise properly charge. The approved legal services organization
232
shall be entitled to receive all court -awarded attorneys’ fees for any representation
233
rendered by the volunteer attorney.
234
Rule V. (e) Certification and Ddocumentation.
235
(e)(1) Authorization to obtain an Iinactive Ppro Bbono Aattorney status in order for a
236
volunteer attorney to perform authorized services under this Rule shall become effective
237
upon filing with and approval by the Utah State Bar of:
238
V.(A)(e)(1)(A) a Nnotice of Aauthorization issued by an approved legal services
239
organization with which the volunteer attorney is currently associated with that states
Effective: November 1, 2006
240
that an attorney employed by that organization will assume the duties of the supervising
241
attorney required hereunder; and
242
V.(B)(e)(1)(B) a sworn statement by the volunteer attorney that he or she:
243
V.(B)(1) (e)(1)(B)(i) has read and is familiar with the Utah Rules of Professional
244
Conduct as adopted by the Utah Supreme Court and will abide by the provisions
245
thereof; and
246
247
248
249
V.(B)(2) (e)(1)(B)(ii) submits to the jurisdiction of the Utah Supreme Court and the
Utah State Bar for disciplinary purposes; and
V.(B)(3) (e)(1)(B)(iii) will neither ask for nor receive compensation of any kind for the
legal services authorized hereunder.
250
V.(C) (e)(2) Certification as ian Iinactive Llawyer Pproviding Ppro Bbono Llegal
251
Sservices will not affect or negate the volunteer attorney’s obligation to pay his or her
252
annual inactive license fee.
253
Rule VI. (f) Withdrawal of Ccertification.
254
VI.(A)(f)(1) If a volunteer attorney’s certification is withdrawn for any reason, the
255
supervising attorney shall immediately file a notice of such action in the official file of
256
each matter pending before any court or tribunal in which the volunteer attorney was
257
involved. In addition, all clients of the volunteer attorney immediately shall be notified.
258
VI.(B)(f)(2) An approved legal services organization may withdraw certification at any
259
time and it is not necessary that the notice state the cause of such withdrawal. A copy of
260
the notice filed with the Utah State Bar also shall be mailed by the organization to the
261
volunteer attorney. The notice shall state either:
262
VI(B)(1) (f)(2)(A) the volunteer attorney has ceased to be associated with the
263
organization, which notice must be filed within five days after such association has
264
ceased; or that
265
VI(B)(2) (f)(2)(B) the Nnotice of authorization is withdrawn.
266
VI.(C) Utah State (f)(3) The Bar, in its discretion and at any time, may withdraw
267
authorization to perform authorized services under this article. A copy of such notice
268
shall be mailed by the Utah State Bar to the volunteer attorney and to the approved
269
legal services organization to which he or she had been certified.
Effective: November 1, 2006
270
Rule VII. (g) Discipline. In addition to any appropriate proceedings including the
271
unauthorized practice of law and attorney discipline which may be initiated by the Utah
272
State Bar, pursuant to the Rules of Article 5, Lawyer Discipline and Disability and other
273
law, the volunteer attorney shall be subject to the following disciplinary measures:
274
VII.(A)(g)(1) the presiding judge or hearing officer for any matter in which the
275
volunteer attorney has participated may hold the volunteer attorney in contempt for any
276
failure to abide by such tribunal’s orders; and
277
278
VII.(B)(g)(2) the Utah State Bar or the approved legal services organization may, at
any time, with or without cause, withdraw certification hereunder.
279
Rule 11-303. 14-804. Special admission exception for military lawyers.
280
Intent:
281
To provide limited admission for qualified military attorneys to represent military
282
members and their dependents who are under substantial financial hardship.
283
Applicability:
284
This rule shall apply to military attorneys who reside in Utah and who are not
285
members of the Utah State Bar to provide limited legal services to qualified military
286
members and their dependents.
287
Statement of the Rule:
288
(1) (a) Exception for military lawyers to practice in Utah. A lawyer admitted to the
289
practice of law in a state or territory of the United States or of the District of Columbia,
290
who is a full-time active duty military officer serving in the Office of a Staff Judge
291
Advocate of the United States Army, Air Force, Navy, Marines, or Coast Guard, a Naval
292
Legal Service Office or a Trial Service Office, located in the State of Utah, may, upon
293
application to the Utah State Bar and Supreme Court certification, appear as a lawyer
294
and practice law before the courts of this state Utah in any civil matter or civil litigation,
295
or in a civil administrative proceeding, subject to the following conditions and limitations
296
set forth in this RRule.
297
(2) (b) Application requirements.
298
(2)(A)(b)(1) The applicant must be of good moral character and shall apply to the
299
Utah State Bar by:
Effective: November 1, 2006
300
301
(2)(A)(i) (b)(1)(A) filing an application in the form and manner that may be prescribed
by the Utah State Bar Board of Bar Commissioners;
302
(2)(A)(ii) (b)(1)(B) presenting satisfactory proof of admission to the practice of law
303
and current good standing as a member of the licensing bar in any state or territory of
304
the United States or the District of Columbia;
305
(2)(A)(iii) (b)(1)(C) furnishing whatever additional information or proof that may be
306
required in the course of processing the application; and
307
(2)(A)(iv) (b)(1)(D) paying a $10.00 processing fee.
308
(3) (c) Certification. Permission for an applicant under this Rule to practice law shall
309
become effective upon approval by the Utah State Bar and certification by the Utah
310
Supreme Court.
311
(4) (d) Prohibition on holding forth. Military lawyers admitted to practice pursuant to
312
this RRule are not, and shall not represent themselves to be, members of the Utah
313
State Bar nor represent that they are licensed to generally practice law in Utah.
314
(5) (e) Scope of representation permitted. Military lawyers admitted pursuant to the
315
this Rrule may represent active duty military personnel in enlisted grades E-1 through E-
316
4 and their dependents, who are under substantial financial hardship, in non-criminal
317
matters to the extent such representation is permitted by the supervisory Staff Judge
318
Advocate or Commanding Officer of the Naval Legal Service Office or the Commanding
319
Officer of the Trial Service Office. They may also engage in such other preparatory
320
activity as is necessary for any matter in which the military attorney is involved. Other
321
active duty military personnel and their dependants may be represented if expressly
322
approved in writing by the Service Judge Advocate General or his or her designee.
323
(6) (f) Prohibition on compensation. Military lawyers admitted pursuant to this Rrule
324
may not demand or receive any compensation from clients in addition to the military pay
325
to which they are already entitled.
326
(7) (g) Jurisdiction and authority. The practice of a lawyer admitted under this Rrule
327
shall be subject to the Utah Rules of Professional Conduct and the Utah Rules for
328
Article 5, Lawyer Discipline and Disability, and to all other applicable laws and rules
329
governing lawyers admitted to the Utah State Bar where applicable. Jurisdiction shall
Effective: November 1, 2006
330
continue whether or not the military lawyer retains the privilege to practice in Utah and
331
irrespective of the residence or domicile of the military lawyer.
332
(8) (h) Termination of privilege and certification.
333
(8)(A) (h)(1) The military lawyer’s privilege to practice under this Rrule:
334
(8)(A)(i) (h)(1)(A) may be terminated by the Supreme Court at any time with or
335
336
337
without cause; or
(8)(A)(ii) (h)(1)(B) shall be terminated when the military lawyer ends active duty
military service in this stateUtah.
338
(8)(B) (h)(2) The lawyer admitted under this Rrule and his or her supervisory Staff
339
Judge Advocate or his or her Commanding Officer are responsible to advise the Utah
340
State Bar and the Supreme Court of any change in status of the lawyer that may affect
341
his or her privilege to practice law under this Rrule.
342
14-805. Licensing of Fforeign Llegal Cconsultants.
343
Rule 18-1. General Regulation as to Licensing. IN ITS DISCRETION
344
(a) In its discretion, Tthe Utah Supreme Court may license to practice in this Sstate
345
as a Fforeign Llegal Cconsultant, without examination, an applicant who:
346
(a)(1) is a member in good standing of a recognized legal profession in a foreign
347
country, the members of which are admitted to practice as attorneys or counselors at
348
law or the equivalent and are subject to effective regulation and discipline by a duly
349
constituted professional body or a public authority; and
350
351
352
353
354
355
356
357
(b) (a)(2) possesses the good moral character and general fitness requisite for a
person to be admitted as a member of the Utah State Bar; and
(c) (a)(3) intends to practice as a legal consultant in this Sstate and to maintain an
office in this Sstate for that purpose; and
(d) (a)(4) has passed the Multistate Professional Responsibility Examination as
required under Article 7, Admission to the Utah State Bar.
Rule 18-2.(b) Proof Rrequired. An applicant under this Rule shall file with the Utah
State Bar’s office of admissions (“Bar”):
358
(a) (b)(1) a certificate from the professional body or public authority in such foreign
359
county having final jurisdiction over professional discipline, certifying as to the
Effective: November 1, 2006
360
applicant’s admission to practice and the date thereof, and as to her or his good
361
standing as such attorney or counselor at law or the equivalent;
362
363
(b)(2) a duly authenticated English translation of such certificate, if it is not in
English; and
364
(c) (b)(3) such other evidence as to the applicant’s educational and professional
365
qualifications, good moral character and general fitness, and compliance with the
366
requirements of Sections 1 and 6 of this Rrule as the Utah Supreme Court may require.
367
Rule 18-3.(c) Reciprocal Ttreatment of Mmembers of the Bar of this Sstate. In
368
considering whether to license an applicant to practice as a Fforeign Llegal Cconsultant,
369
the Utah Supreme Court may in its discretion take into account whether a member of
370
the Utah State Bar would have a reasonable and practical opportunity to establish an
371
office for the giving of legal advice to clients in the applicant’s country of admission.
372
Any member of the Bar who is seeking or has sought to establish an office in that
373
country may request the cCourt to consider the matter, or the Utah Supreme Court may
374
do so sua sponte.
375
Rule 18-4.(d) Scope of Ppractice. A person licensed to practice as a Fforeign
376
Llegal Cconsultant under this Rrule may render legal services in this Sstate with respect
377
to the law of the foreign county in which such person is admitted to practice law subject,
378
however, to the limitations that she or he shall not violate any provision of the Rule 14-
379
802 and further specifically, shall not:
380
(a) (d)(1) appear for a person other than herself or himself as attorney in any court,
381
or before any magistrate or other judicial officer, in this State Utah (other than upon
382
qualified admission pro hac vice pursuant to Utah Rules 11-30214-811 of the Utah
383
Supreme Court’s Rules of Professional Practice; or
384
385
(b) (d)(2) prepare any instrument effecting the transfer or registration of title to real
estate located in the United States of America; or
386
(c) (d)(3) prepare:
387
(i) (d)(3)(A) any will or trust instrument effecting the disposition on death of any
388
property located in the United States of America and owned by a resident of the United
389
Statesthereof, or
Effective: November 1, 2006
390
391
(ii) (d)(3)(B) any instrument relating to the administration of a decedent’s estate in
the United States of America; or
392
(d) prepare (d)(3)(C) any instrument in respect of the marital or parental relations,
393
rights or duties of a resident of the United States of America, or the custody or care of
394
the children of such a resident; or
395
(e) (d)(4) render professional legal advice on the law of this Sstate or of the United
396
States of America (whether rendered incident to the preparation of legal instruments or
397
otherwise) except on the basis of advice from a person duly qualified and entitled to
398
render professional legal advice in this Sstate;
399
(f) (d)(5) be, or in any way hold herself or himself out as, a member of the Bar; or
400
(g) (d)(6) carry on her or his practice under, or utilize in connection with such
401
practice, any name, title or designation other than the following:
402
(i) (d)(6)(A) her or his own name;
403
(ii) (d)(6)(B) the name of the law firm or other entity with which she or he is affiliated,
404
in each case only in conjunction with the title “Fforeign Llegal Cconsultant” as set forth
405
below;
406
(iii) (d)(6)(C) his or her authorized title in the foreign county of her or his admission to
407
practice, in each case only in conjunction with the title Fforeign Llegal Cconsultant as
408
set forth below; and
409
(iv) (d)(6)(D) the title Fforeign Llegal Cconsultant, which shall be used in conjunction
410
with the words admitted to the practice of law only in [name of the foreign country or her
411
or his admission to practice].
412
Rule 18-5.(e) Rights and Oobligations. Subject to the limitations set forth in Section
413
4paragraph (d) of this Rule, a person licensed as a Fforeign Llegal Cconsultant under
414
this Rule shall be considered a lawyer affiliated with the Bar as permitted by this Rrule
415
and shall be entitled and subject to:
416
(a) (e)(1) the rights and obligations set forth in the Utah Rules of Professional
417
Conduct of the Bar or arising from the other conditions and requirements that apply to a
418
member of the Bar under rules adopted by the Utah Supreme Court; and
419
(b) (e)(2) the rights and obligations of a member of the Bar with respect to:
Effective: November 1, 2006
420
(i) (e)(2)(A) affiliation in the same law firm with one or more members of the Bar by:
421
(e)(2)(A)(i) employing one or more members of the Bar;
422
(B) (d)(2)(A)(ii) being employed by one or more members of the Bar or by any
423
partnership, professional corporation or limited liability company which includes
424
members of the Bar or which maintains an office in this Sstate; and
425
(C) (e)(2)(A)(iii) being a partner in any partnership, shareholder in any professional
426
corporation or member in any limited liability company which includes members of the
427
Utah State Bar of this Sstate or which maintains an office in this Sstate; and
428
429
(ii) (e)(2)(B) attorney-client privilege, work-product privilege and similar professional
privileges.
430
Rule 18-6.(f) Subject to Ddisciplinary Provisionsproceedings. A person licensed to
431
practice as a Fforeign Llegal Cconsultant under this Rule shall be subject to
432
professional discipline in the same manner and to the same extent as members of the
433
Bar and specificallyand to this end: shall be subject to discipline by the Supreme Court
434
as delegated by rule and shall otherwise be governed by the Utah Rules of Professional
435
Conduct, the Article 5, Lawyer Discipline and Disability and other applicable rules
436
adopted by the Supreme Court, and all applicable statutory provisions, including
437
mandatory continuing legal education requirements in the area of ethics.
438
439
(ag) Requirements for licensure. Every person licensed to practice as a Fforeign
Llegal Cconsultant under these Rules:
440
(i) (g)(1) prior to receiving a license to practice as a Fforeign Llegal Cconsultant,
441
shall have successfully completed the one-day Office of Professional Conduct’s (“OPC”)
442
Eethics Sschool which is offered at least once a year;
443
(ii) shall be subject to discipline by the Utah Supreme Court as delegated by rule
444
and shall otherwise be governed by the Rules of Professional Conduct of the Bar, Rules
445
of Lawyer Discipline and Disability and other applicable rules adopted by the Utah
446
Supreme Court, and all applicable statutory provisions, including mandatory continuing
447
legal education requirements in the area of ethics; and
448
449
(iii) (g)(2) shall execute and file with the Bar, in such form and manner as the Utah
Supreme Court may prescribe:
Effective: November 1, 2006
450
(g)(2)(A) her or his understanding of, and commitment to observe, the Utah Rules of
451
Professional Conduct of the Bar and the other rules adopted by the Utah Supreme
452
Court, and to the extent applicable to the legal services authorized under Section
453
4paragraph (d) of this Rrule;
454
(g)(2)(B) appropriate evidence of professional liability insurance, in such amount as
455
the Utah Supreme Court may prescribe, to assure her or his proper professional
456
conduct and responsibility;.
457
(g)(2)(C) written notice of any change (and an undertaking to provide written notice
458
of any future change) in such person’s good standing as a member of the foreign legal
459
professional referred to in Section 1(a)paragraph (a)(1) of this Rrule and of any final
460
action of the professional body or public authority referred to in Section 2(a)paragraph
461
(b)(1) of this Rrule imposing any disciplinary censure, suspension, or other sanction
462
upon such person; and
463
(g)(2)(D) a duly acknowledged instrument, in writing, setting forth her or his address
464
in this Sstate, her or his address in the foreign country, and designation the Cclerk of
465
the Utah Supreme Court as her or his agent upon whom process may be served, with
466
like effect as if served personally upon her or him, in any action or proceeding thereafter
467
brought against her or him and arising out of or based upon any legal services rendered
468
or offered to be rendered by her or him within or to residents of this Sstate, whenever
469
after due diligence service cannot be made upon her or him at such address or at such
470
new address in Utah as she or he shall have filed in the office of such clerk by means of
471
a duly acknowledged supplemental instrument in writing.
472
(b) (g)(3) Service of process on the Cclerk, of the Utah Supreme Court, pursuant to
473
the designation filed as aforesaid, shall be made by personally delivering to and leaving
474
with the clerk of the Utah Supreme Court, or with a deputy or assistant authorized by
475
such clerk to receive such service, at her or his office, duplicate copies of such process
476
together with a fee of $10. Service of process shall be complete when such clerk has
477
been so served.
478
Rule 18-7.(h) Application and Renewallicense Ffees. An applicant for a license as a
479
Fforeign Llegal Cconsultant under this Rule shall pay an application fee which shall be
Effective: November 1, 2006
480
equal to the fee required to be paid by an Aattorney Aapplicant applying for admission
481
as a member of the Utah State Bar. A person licensed as a Fforeign Llegal Cconsultant
482
shall pay annual license fees which shall be equal to the fees required to be paid by a
483
member of the Bar on active statusfor renewal of her or his license to engage in the
484
practice of law in this State.
485
Rule 18-8.(i) Revocation of Llicense. In the event that a person licensed as a
486
Fforeign Llegal Cconsultant under this Rule no longer meets the requirements for
487
licensure set forth in Section 1 of this Rule paragraph (a), or has failed to meet the
488
obligations imposed by paragraph (g)6(a) of this Rule, her or his license shall be
489
revoked following the procedures set forth in the Rules of Article 5, Lawyer Discipline
490
and Disability and the Article 6, Standards for Imposing Lawyer Sanctions adopted by
491
the Utah Supreme Court on May 28, 1993 effective July 1, 1993 and as amended
492
hereafter.
493
Rule 18-9.(j) Admission to Bar. In the event that a person licensed as a Fforeign
494
Llegal Cconsultant under this Rule is subsequently admitted as a member of the Bar
495
under the provisions of the rules governing such admission, Article 7, Admission to the
496
Utah State Bar, the license granted to such person hereunder shall be deemed
497
superseded by the license granted to such person to practice law as a member of the
498
Bar.
499
Rule 18-10.(l) Application for Wwaiver of Pprovisions. The Utah Supreme Court,
500
upon application, may in its discretion vary the application of or waive any provision of
501
this Rrule where strict compliance will cause undue hardship to the applicant. Such
502
application shall be in the form of a verified petition setting forth the applicant’s name
503
and residence address, the facts relied upon and a prayer for relief.
504
Rule 11-302. 14-806. Admission Ppro Hhac Vvice.
505
Intent:
506
To provide a uniform method for the qualification of out of state counsel to practice
507
508
before the courts of Utah.
Applicability:
Effective: November 1, 2006
509
510
This rule shall apply to any attorney who is not a member of the Utah State Bar
appearing as counsel before a court of record or not of record.
511
Statement of the Rule:
512
(a) An attorney who is not a member of the Utah State Bar but who is admitted to
513
practice law in another state or in any court of the United States or Tterritory or Iinsular
514
Ppossession of the United States shall apply to be admitted pro hac vice in accordance
515
with this rule prior to appearing as counsel in a court of record or not of record.
516
(b) Nonresident counsel may be permitted to appear in a particular case if the court
517
in which the case is pending determines that admission pro hac vice will serve the
518
interests of the parties and the efficient and just administration of the case. Admission
519
pro hac vice under this rule is discretionary with the court in which the application for
520
admission is made. Admission pro hac vice may be revoked by the court upon its own
521
motion or the motion of a party if, after notice and a hearing, the court determines that
522
admission pro hac vice is inappropriate. Admission pro hac vice shall be denied or, if
523
granted, shall be revoked if the court determines that the process is being used to
524
circumvent the normal requirements for the admission of attorneys to the practice of law
525
in this state Utah.
526
(c) In determining whether to enter or revoke the order of admission pro hac vice,
527
the court may consider any relevant information, including whether non resident
528
counsel:
529
530
(c)(1) is familiar with Utah rules of evidence and procedure, including applicable
local rules;
531
(c)(2) is available to opposing parties;
532
(c)(3) has particular familiarity with the legal affairs of the party relevant to the case;
533
(c)(4) complies with the rulings and orders of the court;
534
(c)(5) has caused delay or been disruptive; and
535
(c)(6) has been disciplined in any other jurisdiction within the prior 5 years.
536
(d) The attorney seeking admission pro hac vice shall complete under oath and
537
submit to the Utah State Bar an application form available from the Utah State Bar or
538
court clerks’ office . The applicant shall attach to the application form a Certificate of
Effective: November 1, 2006
539
Good Standing from the licensing state in which the applicant resides. The applicant
540
shall complete a separate application for each case in which the applicant wants to
541
appear. The fee for each application is $175, which shall be paid to the Utah State Bar.
542
Fees paid under this rule shall be used for attorney discipline investigations and
543
proceedings.
544
(e) A copy of the application and a receipt showing payment of the fee shall be filed
545
in the court in which the case is pending, with a motion by a member of the Utah State
546
Bar to admit the applicant pro hac vice and a consent by that member of the Utah State
547
Bar to appear as associate counsel. Associate counsel shall be a resident of the state of
548
Utah. The application form shall include:
549
550
(e)(1) the name, address, telephone number, fax number, e-mail address, bar
identification number(s), and state(s) of admission of the applicant;
551
(e)(2) the name and number of the case in which the applicant is seeking to appear
552
as the attorney of record or, if the case has not yet been filed, a description of the
553
parties;
554
(e)(3) the name, number, and court of other cases pending or closed within the prior
555
5 five years in any state or federal court of Utah in which the applicant or a member of
556
the applicant’s firm appears pro hac vice;
557
(e)(4) a statement whether, in any state, the applicant:
558
(e)(4)(A) is currently suspended or disbarred from the practice of law;
559
(e)(4)(B) has been disciplined within the prior 5 five years; or
560
(e)(4)(C) is the subject of any pending disciplinary proceedings;
561
(e)(5) a statement that the applicant:
562
(e)(5)(A) submits to the disciplinary authority and procedures of the Utah State Bar;
563
(e)(5)(B) is familiar with the rules of procedure and evidence, including applicable
564
local rules;
565
(e)(5)(C) will be available for depositions, hearings, and conferences; and
566
(e)(5)(D) will comply with the rulings and orders of the court;
Effective: November 1, 2006
567
(e)(6) the name, address, Utah State Bar identification number, telephone number,
568
fax number, and e-mail address of the member of the Utah State Bar to serve as
569
associate counsel; and
570
571
572
573
(e)(7) any other information relevant to the standards for the admission of the
applicant.
(f) Utah counsel associated with nonresident counsel seeking admission pro hac
vice shall:
574
(f)(1) file a motion for admission of the applicant pro hac vice;
575
(f)(2) serve the motion by mail, hand-delivery or facsimile on the Utah State Bar’s
576
Ggeneral Ccounsel on or before filing with the court and include a certificate of service
577
with the motion evidencing service on the Utah State Bar’s Ggeneral Ccounsel and
578
upon the opposing parties, or, if represented, their counsel;
579
(f)(3) file a written consent to appear as associate counsel;
580
(f)(4) sign the first pleading filed;
581
(f)(5) continue as one of the counsel of record in the case unless another member of
582
583
584
the Utah State Bar is substituted as associate counsel; and
(f)(6) be available to opposing counsel and the court for communication regarding
the case and the service of papers.
585
(g) The court may require Utah counsel to appear at all hearings. Utah counsel shall
586
have the responsibility and authority to act for the client in all proceedings if the
587
nonresident attorney fails to appear or fails to respond to any order of the court .
588
(h) An attorney admitted pro hac vice shall comply with and is subject to Utah
589
statutes, rules of the Utah Supreme Court, including the Rules of Professional Conduct
590
and the Rules of Article 5, Lawyer Discipline and Disability, the rules of the court in
591
which the attorney appears, and the rules of the Code of Judicial Administration.
592
Rule 11-301. 14-807. Law student assistance.
593
Intent:
594
To ensure the provision of competent legal services.
595
To increase the opportunity of law students to have first-hand contact with the legal
596
system and participate directly in the court process.
Effective: November 1, 2006
597
Applicability:
598
This rule shall apply to the bar, the judiciary and to law students.
599
Statement of the Rule:
600
Subject to the inherent power of each judge to have direct control of the proceedings
601
in court and the conduct of attorneys and others who appear before the judge, the
602
courts of this state Utah are authorized to allow law students to participate in matters
603
pending before them, provided:
604
(A) T(a) the student's participation is limited to civil and misdemeanor cases;
605
(B) T(b) the student has completed legal studies amounting to at least four (4)
606
semesters or the equivalent if the school is not on a semester basis;
607
(C) T(c) the student's participation is under the direct and immediate personal
608
supervision and in the presence of a resident attorney admitted to practice law before
609
the court, except the presence of a resident attorney shall not be required at default
610
divorce proceedings which are not contested and where the appearing party is
611
represented by a non-profit public service legal agency;
612
613
614
615
616
(D) T(d) the student's participation is agreed to by written stipulation of counsel for all
parties to the action and filed in the case file; and
(E) T(e) the student does not receive any compensation or remuneration of any kind
from the client on whose behalf the services are rendered.
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.