Rule 14-720. Qualifications for
admission of house counsel applicants.
(a) Scope of practice. An attorney admitted to the Bar as House Counsel
shall limit his or her practice of law including legal representation only to
the business of his or her employer. House Counsel shall not:
(a)(1) Appear before a court of record or not of record as an attorney
or counselor in the State of Utah except as otherwise authorized by law or
rule; or
(a)(2) Offer legal services or advice to the public or hold himself or
herself out as being so engaged or authorized, except as permitted under Rule
5.5 of the Utah Rules of Professional Conduct. An attorney granted a House
Counsel license is not prevented from appearing in any matter pro se or from
fulfilling the duties of a member of the active or reserve components of the
armed forces or the National Guard.
(b) Requirements of house counsel applicants. To be recommended for
admission to the Bar as House Counsel, a person must establish by clear and
convincing evidence that he or she meets each of the following requirements:
(b)(1) filed with the Admissions Office a complete application for
admission to the Bar and paid the prescribed application fee;
(b)(2) be at least 21 years old;
(b)(3) graduated with a first professional degree in law (J.D. or L.L.B.) from an approved law school or equivalent degree,
not based on study by correspondence or by internet study, or an unapproved law
school that is accredited in the jurisdiction where it exists and is the
substantial equivalent of the legal education provided by an approved law
school;
(b)(4) be licensed to practice law and in active status in a sister
state or United States territory or the District of Columbia;
(b)(5) either (A) be a bona fide resident of the State of Utah or (B)
maintain an office as the employer's House Counsel within the State of Utah;
(b)(6) be employed and practice law exclusively as House Counsel for a
corporation, its subsidiaries or affiliates, an association, a business, or
other legal entity whose lawful business consists of activities other than the
practice of law or the provision of legal services;
(b)(7) provide an affidavit signed by both the applicant and the
employer that the applicant is employed exclusively as House Counsel and that
applicant has disclosed to the employer the limitations on House Counsel's
license of practicing under this rule;
(b)(8) be of good moral character and have satisfied the requirements
of Rule 14-708;
(b)(9) present satisfactory proof of both admission to the practice of
law and that he or she is a member in good standing in all jurisdictions where
currently admitted;
(b)(10) file with the application a certificate from the entity having
authority over professional discipline for each jurisdiction where the
Applicant is licensed to practice which certifies that the Applicant is not
currently subject to lawyer discipline or the subject of a pending disciplinary
matter; and
(b)(11) complied with the oath and enrollment provisions of Rule 14-716
and paid the licensing fees required for active status.
(c) Application. An applicant requesting a license to serve as House
Counsel must file a complete application for admission.
(c)(1) An application under this rule may be filed at any time.
(c)(2) The processing time of a House Counsel application is
approximately 90 to 180 days.
(c)(3) Applicants must meet all House Counsel admission requirements in
this rule.
(c)(4) Upon approval by the Board of an application, the applicant will
be admitted in accordance with Rule 14-716(b).
(d) Unauthorized practice of law.
(d)(1) It is the unauthorized practice of law for an attorney not
licensed in Utah to practice law in the state except as otherwise provided by
law.
(d)(2) An attorney who complies with the requirements of subsection
(b)(1) may provide services to an employer in Utah while the application is
pending as long as the application is filed within six months of the
out-of-state attorney establishing an office or residence in Utah.
(d)(3) An attorney who provides legal advice to his or her employer but
is not an active member of the Bar or licensed as a House Counsel pursuant to
this rule may be referred for investigation for the unauthorized practice of
law.
(e) Continuing legal education requirement. House Counsel shall:
(e)(1) File with the MCLE Board by July 31 of
each year a Certificate of Compliance from the jurisdiction where House Counsel
maintains an active license establishing that he or she has completed the hours
of continuing legal education required of active attorneys in the jurisdiction
where House Counsel is licensed; and
(e)(2) Pay the designated filing fee at the time of filing the
Certificate of Compliance. A House Counsel admitted under this rule who fails
to comply with the CLE filing requirement by the July 31 deadline shall be
assessed a late fee. Any House Counsel who fails to file within 30 calendar
days of the July 31 deadline may be subject to suspension and a reinstatement
fee.
(f) Applicable regulations. House Counsel is subject to and must comply
with the Utah Rules of Professional Conduct Chapter 14, Article 1, Integration
and Management, Chapter 14, Article 5, Lawyer Discipline and Disability,
Chapter 14, Article 7, Admissions, and all other rules and regulations
governing the conduct and discipline of members of the Bar.
(g) Discipline. House Counsel is subject to professional discipline in the
same manner and to the same extent as a member of the Bar. Every person
licensed under this rule is subject to control by the courts of the State of
Utah and to censure, suspension, removal, or revocation of his or her license
to practice as House Counsel in Utah regardless of where the conduct occurs.
(h) Notification of change in standing.
(h)(1) House Counsel shall execute and file with the Licensing Office a
written notice of any change in that person's membership status, good standing
or authorization to practice law in any jurisdiction where licensed.
(h)(2) House Counsel shall execute and file with the Office of
Professional Conduct a written notice of the commencement of all formal
disciplinary proceedings and of all final disciplinary actions taken in any
other jurisdiction.
(i) No Solicitation. House Counsel is not
authorized by anything in this rule to hold out to the public or otherwise
solicit, advertise, or represent that he or she is available to assist in
representing the public in legal matters in Utah.
(j) Cessation of activity as house counsel. A House Counsel license
terminates and the House Counsel shall immediately cease performing all
services under this rule and shall cease holding himself or herself out as
House Counsel upon:
(j)(1) termination of employment with the qualified employer as
provided in subsection (b)(6);
(j)(2) termination of residence, or the maintenance of his or her
office in the State of Utah as provided in subsection (b)(5);
(j)(3) failure to maintain active status in a sister state or United
States territory or the District of Columbia, or to satisfy the Bar's annual
licensing requirements, including compliance with mandatory continuing legal
education requirements as provided for in this rule;
(j)(4) completion of any disciplinary proceeding in Utah or any other
jurisdiction, which warrants suspension or termination of the House Counsel
license; or
(j)(5) an attorney who seeks admission to practice in this state as
House Counsel and who previously had a Utah House Counsel license that was
terminated due to a disciplinary proceeding pursuant to subsection (j)(4) or
whose license was terminated for a period longer than six months pursuant to
subsection (j)(1), (j)(2), or (j)(3) must file a new application under this
rule.
(k) Reinstatement after temporary lapse in license. An attorney whose
House Counsel license is terminated pursuant to subsection (j)(1), (j)(2), or
(j)(3) shall be reinstated to practice law as a House Counsel if within six
months from the termination the attorney is able to demonstrate to the
Admissions Office that he or she has:
(k)(1) employment with a qualified employer and has provided the
required verification of employment pursuant to subsection (b)(7);
(k)(2) established a residence or maintains an office for the practice
of law as House Counsel for the employer within the State of Utah; and/or
(k)(3) active status in a sister state or United States territory or
the District of Columbia and has complied with the Bar's annual licensing
requirements for House Counsel.
(l) Notice of change of employment. House Counsel shall notify, in
writing, the Licensing Office of the termination of the employment pursuant to
which the House Counsel license was issued.
(m) Full admission to the Utah State Bar. A House Counsel license will
be terminated automatically once the attorney has been otherwise admitted to
the practice of law in Utah as an active member of the Bar. Any person who has
been issued a House Counsel license may qualify for full membership by
establishing by clear and convincing evidence that he or she meets the
following requirements:
(m)(1) filed a complete written request for a change of status with the
Admissions Office in accordance with the filing deadlines set forth in Rule
14-707(b). The request for a change of status must include:
(m)(1)(A) a Reapplication for Admission form updating the information
provided in the original application, including payment of the prescribed
application fee. If the original application for admission is more than two
years old, a new complete application for admission must be filed;
(m)(1)(B) a criminal background check dated no more than 180 days prior
to the filing of the change of status request;
(m)(1)(C) satisfactory proof of both admission to the practice of law
and that House Counsel is a member in good standing in all jurisdictions where
admitted; and
(m)(1)(D) a certificate from the entity having authority over
professional discipline for each jurisdiction where House Counsel is licensed
to practice which certifies that House Counsel is not currently subject to
lawyer discipline or the subject of a pending disciplinary matter.
(m)(2) be of good moral character and have satisfied the requirements
of Rule 14-708;
(m)(3) successfully passed the Bar Examination as prescribed in Rule
14-710 or qualify for admission under Rule 14-705;
(m)(4) successfully passed the MPRE as
prescribed in Rule 14-713; and
(m)(5) complied with the provisions of Rule 14-716 concerning licensing
and enrollment fees.