# Effective: November 1, 2006 > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/court_rules%3Aut%3A8a74de0fc86678f6 ## Record - **Collection:** Court rules - **Document type:** Court rule ## 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. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/court_rules%3Aut%3A8a74de0fc86678f6. Public record. Not legal advice.