Author: Utah Courts

Supreme Court Regulatory Reform – Revised – Effective August 31, 2020

Shortly after the Supreme Court adopted Rules 5.4A and 5.4B of the Rules of Professional Conduct, it became evident that the fee-splitting and fee-sharing provisions of Rule 5.4A should be included in the Sandbox envisioned by Rule 5.4B and Standing Order 15. In response to input from the Bar Commission and others, the Supreme Court unanimously voted to make the necessary changes.

The relevant provisions of Rules 5.4A and 5.4B have been combined into Rule 5.4. Rules 5.4A and 5.4B are repealed effective immediately. Combined Rule 5.4 and revised Standing Order 15 are adopted effective immediately.

Repealed Rules

RPC Rule 5.4A

RPC Rule 5.4B

Combined Rule and Revised Standing Order

Redline Combined RPC Rule 5.4

Clean Combined RPC Rule 5.4

Redline Revised Utah Supreme Court Standing Order No. 15

Clean Revised Utah Supreme Court Standing Order No. 15

Supreme Court Order

 

 

 

 

 

 

Continue Reading

Supreme Court Regulatory Reform-Effective August 14, 2020

The Utah Supreme Court approves the following regulatory reform efforts effective August 14, 2020. Please see https://sandbox.utcourts.gov/ and the press release for more information.

Supreme Court Standing Order

Standing Order 15: This order establishes a pilot legal regulatory sandbox and an Office of Legal Services Innovation to assist the Utah Supreme Court with respect to overseeing and regulating the practice of law by nontraditional legal service providers or by traditional providers offering nontraditional legal services.

Rules of Professional Conduct

Rules Governing the Professional Independence of a Lawyer: The Supreme Court repeals former Rule 5.4 of the Rules of Professional Conduct and replaces it with Rules 5.4A and 5.4B.

  • Rule 5.4A: This rule governs lawyers delivering legal services in the traditional and conventional model. New Rule 5.4A(a) outlines the foremost duties of a lawyer – the duty of independence of judgment, duty of loyalty to the client, and duty of confidentiality – applicable to the rest of the Rule. The preeminence of these professional core values is further explained in new Comments [1] and [2] as they pertain to sharing fees with nonlawyers, with lawyers in a separate firm, and accepting referrals and payments from parties other than the client. In order to loosen the restriction on fee sharing, Rule 5.4A(b) allows a lawyer to share legal fees with a nonlawyer as long as written notice is given at the outset of the representation or before sharing fees from an existing client.
  • Rule 1.5: Paragraph (e) of this rule has been eliminated to allow dividing fees among lawyers who are not in the same firm.
  • Rule 5.4B: This rule is applicable to lawyers participating in the pilot legal regulatory sandbox. Like Rule 5.4A, the core professional values for lawyers underlying this rule are stated at the outset under subsection (a). Comments [1] and [2] reiterate and clarify the importance of the underlying core values and duties of a lawyer, notwithstanding the novel arrangement with nonlawyers. Rule 5.4B(b) allows a lawyer to practice law in an organization that is managed or owned, in whole or in part, by nonlawyers, as long as (i) the client is given written notice that nonlawyers have a financial interest in the organization or nonlawyers have managerial authority over the lawyer, and (ii) the client receives in writing the financial or managerial structure of the organization.

Lawyer Advertising Rules: The Supreme Court significantly simplified the lawyer advertising rules in the Rules of Professional Conduct. Rules 7.1, 7.2, 7.3, 7.4, and 7.5 have been repealed and replaced with new Rule 7.1. Notably, this change eliminates the prohibition against in-person solicitation found previously in Rule 7.3.

  • Rule 7.1: Prohibits (i) making false and misleading claims about the lawyer or the lawyer’s services, and (ii) interacting in a way that involves coercion, duress, or harassment.

Redline and Clean Rules

Redline Rule 5.4A

Clean Rule 5.4A

Redline Rule 5.4B 

Clean Rule 5.4B

Redline Rule 1.5 

Clean Rule 1.5 

Redline Rules 7.1 through 7.5 

Clean Rules Rules 7.1 through 7.5

Supreme Court Order

Link to Revised Regulatory Reform Rules

 

Continue Reading

Rules of Civil Procedure – Effective May 8, 2018

URCP004. Process. Amend.Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5), expedited rulemaking.

URCP011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5), expedited rulemaking.

URCP055. Default. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5) expedited rulemaking.

URCP063. Disability or disqualification of a judge. Amend. Makes amendments that conform to S.B. 188 (2018). Effective May 8, 2018 pursuant to CJA Rule 11-105(5).

Supreme Court Order

Continue Reading

Code of Judicial Administration – Effective May 1, 2016

CJA03-0114. Judicial outreach. Amend. Reorders the intent language. Provides that model outreach programs shall take into account existing curricula. Requires the committee to propose and implement rather than develop policies that encourage judicial participation in outreach programs.

CJA04-0202.02. Records classification. Amend. Deletes maiden name and mother’s maiden name from the lists of private and safeguarded information. Classifies juvenile mediation disposition notices as juvenile court social records. Notes a statutory exception to the protection of certain victim information.

CJA04-0503. Mandatory electronic filing. Amend. Requires an attorney seeking an exemption from efiling to submit a written request to the District Court Administrator.

Judicial Council Minutes – January, 2016

Judicial Council Minutes – February, 2016

 

Continue Reading

Rules Governing the Utah State Bar (MCLE Rules) – Effective May 1, 2016

The following proposals address changes to the MCLE rules. The most substantive proposed change allows lawyers to receive up to six hours of live continuing legal education credit for attending live, interactive webcasts that are broadcast from a Utah state courthouse to a Utah state courthouse or from the Law and Justice Center to a Utah state courthouse. The proposals also address the requirements for active Bar members living outside of Utah and practicing in other jurisdictions. The majority of the changes correct grammar and inconsistencies with other Bar rules, as well as provide clarification.

USB 14-0401. Purpose. Amend.

USB 14-0402. Definitions. Amend.

USB 14-0403.  Establishment and Membership of Board. Amend.

USB 14-0404. Active status lawyers: MCLE, NLCLE and admission on motion requirements. Amend.

USB 14-0405. MCLE requirements for lawyers on inactive status. Amend.

USB 14-0406. MCLE requirements for lawyers on active military duty. Amend.

USB 14-0407. MCLE requirements for lawyers on active emeritus status. Amend.

USB 14-0408. Credit hour defined; application for approval. Amend.

USB 14-0409. Self-study categories of accredited MCLE defined. Amend.

USB 14-0410. Accreditation of MCLE; undue hardship and special accreditation. Amend.

USB 14-0411. Board accreditation of non-approved sponsor courses. Amend.

USB 14-0412. Presumptively approved sponsors; presumptive MCLE accreditation. Amend.

USB 14-0413. MCLE credit for qualified audio and video presentations; computer interactive telephonic programs; writing; lecturing; teaching; live attendance. Amend.

USB 14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement. Amend.

USB 14-0415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals. Amend.

USB 14-0416. Lawyers on active status not practicing law; certificate of exemption. Amend.

USB 14-0417. Miscellaneous fees and expenses. Amend.

Supreme Court Order.

Continue Reading

Code of Judicial Administration – Effective December 14, 2015

CJA01-0205 Standing and ad hoc committees. Amend. Creates a standing committee of the Judicial Council to address pretrial release and supervision. Effective December 14, 2015 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.
CJA03-0116 Pretrial Release and Supervision Committee. New. Outlines the responsibilities of the Judicial Council’s Standing Committee on Pretrial Release and Supervision. Effective December 14, 2015 under rule 2-205 of the Utah Code of Judicial Administration. Subject to change after the comment period.

Judicial Council minutes

Continue Reading

Rules Governing the Utah State Bar – Effective January 27, 2016

USB 14-0503. Ethics and Discipline Committee. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, describes in general terms the responsibilities of the clerk of the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0504. OPC counsel. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, eliminates OPC’s responsibility for notice of disposition of matters. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0510. Prosecution and appeals. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, assigns specific tasks performed by OPC to the clerk of the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0533. Diversion. Amend. Removes the description of OPC acting as secretary to the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.

 

Supreme Court Order (USB 14-503, USB 14-504, USB 14-510, USB 14-533)

Continue Reading

Rules of Civil Procedure – Effective May 1, 2016

URCP 006. Time. Amend. Corrects references to amended rules 50 and 60.

Revision to URCP 006.

URCP 008. General rules of pleadings. Amend. Changes the phrase “contributory negligence” to “comparative fault,” in keeping with Utah Code sections 78B-5-817.

URCP 011. Signing of pleadings, motions, affidavits, and other papers; representations to court; sanctions. Amend. Recognizes the requirements of Rule 5(f) for a notarized, verified or acknowledged signature.

URCP 050. Judgment as a matter of law in a jury trial; related motion for a new trial; conditional ruling. Amend. Adopts many of the provisions of FRCP 50. Changes the name from “directed verdict” to “judgment as a matter of law.” Eliminates the requirement that the motion be renewed at the close of all evidence. Extends to 28 days after the judgment the time in which to renew the motion for judgment as a matter of law. Describes the effect of trial court rulings reversed on appeal.

URCP 052. Findings and conclusions by the court; amended findings; waiver of findings and conclusions; correction of the record; judgment on partial findings. Adopts many of the provisions of FRCP 52. Provides for judgment on partial findings, which will replace an equivalent provision in Rule 41(b). Extends to 28 days after the judgment the time in which to file a motion to amend or make additional findings.

URCP 055. Default. Amend. Requires the plaintiff to provide a verified complaint or affidavit setting forth the necessary facts to establish the amount of the claim, after deducting credits, and verifies that the amount is warranted by information in the plaintiff’s possession.

URCP 059. New trial; amendments of judgment. Amend. Adopts many of the provisions of FRCP 59. Extends to 28 days after the judgment the time in which to file a motion for new trial or a motion to amend or alter the judgment. Allows the court to grant, after notice and an opportunity to be heard, a motion for a new trial for a reason not stated in the motion.

URCP 060  Relief from judgment or order. Amend. Style changes intended to simplify and clarify the rule.

URCP 063. Disability or disqualification of a judge. Amend. Allows a second or subsequent motion to disqualify a judge if the motion is based on grounds that the party did not know of and could not have known of at the time of the earlier motion. Requires a request to submit for decision with the motion. Expressly prohibits a response from another party.

Supreme Court Order.

Revised Supreme Court Order

Continue Reading

Rules Governing the Utah State Bar – Effective May 1, 2016

The following proposals address changes to the Bar admissions rules. The proposed changes are primarily a reorganization of the current rules to make them easier for applicants to understand. Redundant sections of the rules were deleted and consolidated. There also are numerous changes proposed for consistency, form and clarification. Substantive changes include a change in the definition of “Active Practice” in Rule 14-701, the consolidation of all review procedures under Rule 14-715, and changes to timing of motions for admissions, the ceremony and taking of the oath of attorney in Rules 14-707 and 14-716.

USB14-701. Definitions. Amend.

USB14-703. Qualifications for admission of Student and Foreign Law School Applicants. Amend.

USB14-704. Qualifications for admission of Attorney Applicants. Amend.

USB14-705. Admission by motion. Amend.

USB14-706. Test accommodations. Amend.

USB14-707. Application; deadlines; withdrawals; postponements and fees. Amend.

USB14-708. Character and fitness. Amend.

USB14-709. Application denial. Amend.

USB14-710. Administration of the Bar Exam. Amend.

USB14-711. Grading and passing of the Bar Exam. Amend.

USB14-712. Qualifications for admission based on UBE. Amend.

USB14-715. Bar Examination appeals. Amend.

USB14-716. License fees; enrollment fees; oath and admission. Amend.

USB14-717. Readmission after resignation or disbarment of Utah attorneys. Amend.

USB14-718. Licensing of Foreign Legal Consultants. Amend.

USB14-719. Qualifications for admission of House Counsel applicants. Amend.

Supreme Court Order

Continue Reading

Rules of Appellate Procedure – Effective May 1, 2016

URAP 021. Filing and service. Amend. Provides that if a filing including an addendum contains non-public information, the filer must also file a redacted version of the filing.

URAP 038A. Withdrawal of counsel. Amend. Requires that appointed appellate counsel represent a client through the first appeal as of right.

URAP 040. Attorney’s or party’s certificate; sanctions and discipline. Amend. Provides that a person may sign a document using any form recognized by law as binding. Provides that by signing a document, a person makes certain representations to the court including that a filing made under rule 21(g) does not contain non-public information.

Supreme Court Order.

Continue Reading