Rule 14-404. Active status lawyers: MCLE, NLTP and admission on motion requirements.

(a) Active status lawyers. Commencing with calendar year 2009, each lawyer admitted to practice in Utah shall complete, during each two fiscal year period (July 1 through June 30), a minimum of 24 hours of accredited CLE which shall include a minimum of three hours of accredited ethics or professional responsibility. One of the three hours of ethics or professional responsibility shall be in the area of professionalism and civility. Lawyers on inactive status are not subject to the requirements of this rule, including NLTP requirements.

(a)(1) Lawyers on active status who reside in Utah and who are subject to the NLTP under Rule 14-808 must complete the NLTP requirements within a 12 month period after admission to the Bar.

(a)(2) A new lawyer or mentor who successfully completes the requirements of the Model Mentoring Plan or an approved plan shall receive up to three hours of ethic or professional responsibility credit.

(b) Adjustment to compliance periods. Commencing with 2009, MCLE compliance periods will comport with the Bar’s licensing renewal periods.

(b)(1) Each lawyer who complies on the even year compliance period, for the first reporting cycle only, is required to complete the mandatory CLE hours by June 30, 2010. The CLE requirement will be reduced to 18 hours of accredited CLE which shall include a minimum of 2 hours of accredited ethics or professional responsibility. One of the hours of ethics or professional responsibility shall be in the area of professionalism and civility.

(b)(2) Commencing with July 1, 2010, each lawyer shall complete during each two fiscal year period a minimum of 24 hours of accredited CLE.

(b)(3) Commencing with January 1, 2010, each lawyer who complies on the odd year compliance period, for the first reporting cycle only, is required to complete the mandatory CLE hours by June 30, 2011. The CLE requirement will be reduced to 18 hours of accredited CLE which shall include a minimum of 2 hours of accredited ethics or professional responsibility. One of the hours of ethics or professional responsibility shall be in the area of professionalism and civility.

(b)(4) Commencing with July 1, 2011, each lawyer shall complete during each two fiscal year period a minimum of 24 hours of accredited CLE.

(c) NLTP. A lawyer who is obligated to and who successfully does fulfill the requirements of the NLTP shall be deemed to have satisfied 12 accredited MCLE hours for the reporting period ending June 30 of the second complete year following the lawyer’s year of admission to the Bar. Twelve additional MCLE hours must also be completed under this rule.

(d) Admission on motion lawyers. A lawyer who fulfills the requirements by admission on motion as prescribed in Rule 14-705 shall be deemed to have satisfied the accredited MCLE requirements of this rule for the reporting cycle ending June 30 of the second complete fiscal year following the lawyer’s year of admission. In addition, the lawyer must complete and certify no later than six months following the lawyer’s admission that he or she has attended at least 15 hours of accredited CLE hours on Utah practice and procedure and ethics requirements as follows.

(d)(1) Nine credit hours must be comprised of accredited CLE courses.

(d)(2) Six credit hours must be comprised of the professional ethics course presented in OPC’s ethics school.

(d)(3) Twelve of the 15 hours may be completed through self-study through the Bar’s online CLE system. The above 15 hours will apply towards the 24 hours required per two-year compliance period. The Board of Bar Commissioners may specify the number of the required 15 hours that must be in particular areas of practice, procedure and ethics.

(e) Out-of-state CLE activities. CLE credit may be awarded for out-of-state activities that the Board determines meet certain standards in furthering a lawyer’s legal education. The Board shall determine whether to accredit the activities and, if so, the number of hours of credit to allow for such activities. Out-of-state activities cannot substitute for the 15 mandatory CLE hours described in paragraph (c) and Rules14-705(d)(2) and 14-705(d)(3).

(f) Activities that may be regarded as equivalent to state-sponsored CLE may include, but are not limited to, viewing of approved CLE audio and video presentations, writing and publishing an article in a legal periodical, part-time teaching in an approved law school, or delivering a paper or speech on a professional subject at a meeting primarily attended by lawyers, legal assistants, or law school students.

(g) A lawyer’s application for accreditation of a CLE activity must be submitted in writing to the Board if the activity has not been previously approved for CLE credit in Utah.