Rule 14-803. Inactive lawyers providing legal services for legal services organizations; purposes.
(a) Individuals admitted to the practice of law in Utah have a responsibility to provide competent legal services for all persons, including those unable to pay for such services.
(b) A lawyer who is or was admitted to practice law before the Supreme Court and who has assumed inactive status may provide legal services with an approved legal services organization if he or she:
(b)(1) has been a member in good standing of the Bar and has been approved to participate in the inactive pro bono lawyer program by the Bar's Office of Professional Conduct; and
(b)(2) agrees to abide by the Utah Rules of Professional Conduct and submit to the jurisdiction of the Bar for disciplinary purposes; and
(b)(3) neither asks for nor receives compensation of any kind for the legal services to be rendered.
(c) Activities. A volunteer attorney, in association with an approved legal services organization and under the general supervision of a supervising attorney, may:
(c)(1) appear in any court or before any administrative tribunal or arbitrator in Utah on behalf of a client of an approved legal services organization if a supervising attorney has given written approval for that appearance;
(c)(2) prepare pleadings and other documents signed by the volunteer attorney and supervising attorney to be filed in any court or before any administrative tribunal or arbitrator in Utah in any manner in which the volunteer attorney is involved;
(c)(3) render legal advice and perform other appropriate legal services but only after prior consultation with, and upon the express consent of, the supervising attorney; and
(c)(4) engage in such other preparatory activities as are necessary for any matter in which he or she is involved.
(d) Supervision and limitations.
(d)(1) A volunteer attorney may not perform authorized activities unless he or she is under the general supervision of a supervising attorney.
(d)(2) Volunteer attorneys are not, and shall not represent themselves to be, active members of the Bar licensed to practice law generally in Utah.
(d)(3) The prohibition against compensation for the volunteer attorney shall not prevent the approved legal services organization from reimbursing the volunteer attorney for actual expenses incurred while rendering services hereunder nor shall it prevent the approved legal services organization from making such charges for its services as it may otherwise properly charge. The approved legal services organization shall be entitled to receive all court-awarded attorney fees for any representation rendered by the volunteer attorney.
(e) Certification and documentation.
(e)(1) Authorization to obtain an inactive pro bono attorney status in order for a volunteer attorney to perform authorized services shall become effective upon filing with and approval by the Bar of:
(e)(1)(A) a notice of authorization issued by an approved legal services organization with which the volunteer attorney is currently associated that states that an attorney employed by that organization will assume the duties of the supervising attorney; and
(e)(1)(B) a sworn statement by the volunteer attorney that he or she:
(e)(1)(B)(i) has read and is familiar with the Utah Rules of Professional Conduct as adopted by the Supreme Court and will abide by the provisions thereof;
(e)(1)(B)(ii) submits to the jurisdiction of the Supreme Court and the Bar for disciplinary purposes; and
(e)(1)(B)(iii) will neither ask for nor receive compensation of any kind for the legal services authorized.
(e)(2) Certification as an inactive lawyer providing pro bono legal services will not affect or negate the volunteer attorney's obligation to pay his or her annual inactive license fee.
(f) Withdrawal of certification.
(f)(1) If a volunteer attorney's certification is withdrawn for any reason, the supervising attorney shall immediately file a notice of such action in the official file of each matter pending before any court or tribunal in which the volunteer attorney was involved. In addition, all clients of the volunteer attorney immediately shall be notified.
(f)(2) An approved legal services organization may withdraw certification at any time and it is not necessary that the notice state the cause of such withdrawal. A copy of the notice filed with the Bar also shall be mailed by the organization to the volunteer attorney. The notice shall state either:
(f)(2)(A) the volunteer attorney has ceased to be associated with the organization, which notice must be filed within five days after such association has ceased; or that
(f)(2)(B) the notice of authorization is withdrawn.
(f)(3) The Bar, in its discretion and at any time, may withdraw authorization to perform authorized services. A copy of such notice shall be mailed by the Bar to the volunteer attorney and to the approved legal services organization to which he or she had been certified.
(g) Discipline. In addition to any appropriate proceedings including the unauthorized practice of law and attorney discipline which may be initiated by the Bar, pursuant to Article 5, Lawyer Discipline and Disability and other law, the volunteer attorney shall be subject to the following measures:
(g)(1) the presiding judge or hearing officer for any matter in which the volunteer attorney has participated may hold the volunteer attorney in contempt for any failure to abide by such tribunal's orders; and
(g)(2) the Bar or the approved legal services organization may, at any time, with or without cause, withdraw certification.