Category: Rules Governing Licensed Paralegal Practitioners

Utah Supreme Court Rules of Professional Practice: Office of Professional Conduct, Rules Governing the Utah State Bar, and Rules Governing Licensed Paralegal Practitioners – Effective December 15, 2020

The final rule changes reflect the recommended reforms to lawyer discipline and disability proceedings and sanctions contained in the American Bar Association/Office of Professional Conduct Committee’s Summary of Recommendations (October 2018).
Adoption of Chapter 11 article 5 rules:
General provisions
CJA11-0501. Lawyer disciplinary and disability proceedings: purpose, authority, scope, and structure.
CJA11-0502. Definitions.
CJA11-0503. Oversight Committee for the Office of Professional Conduct.
CJA11-0504. Jurisdiction.
CJA11-0505. Statute of limitations.
Ethics and Discipline Committee
CJA11-0510. Ethics and Discipline Committee composition.
CJa11-0511. Screening panel composition; responsibilities.
CJA11-0512. Respondent subpoena petitions.
CJA11-0513. Committee clerk.
CJA11-0514. Disclosure, recusal, and disqualification.
Office of Professional Conduct composition and responsibilities
CJA11-0520. Chief Disciplinary Counsel and OPC counsel.
CJA11-0521. OPC prosecutorial powers and duties.
CJA11-0522. Ethics advisory opinions.
CJA11-0523. OPC investigative subpoenas.
CJA11-0524. Retaining records.
Prosecution and appeals
CJA11-0530. Unprofessional conduct Complaints.
CJA11-0531. Proceedings before Committee and screening panels.
CJA11-0532. Exceptions to screening panel determinations and recommendations.
CJA11-0533. General procedures.
CJA11-0534. Final Committee disposition.
CJA11-0535. Appealing a final Committee determination to the Supreme Court.
CJA11-0536. Actions in district court.
CJA11-0537. Failure to answer charges.
CJA11-0538. Appointment of trustee to protect clients’ interest when Lawyer disappears, dies, is suspended or delicensed, or is transferred to disability status.
CJA11-0539. Costs.
CJA11-0540. Immunity from civil suits.
CJA11-0541. Service.
CJA11-0542. Additional rules of procedure.
Diversion
CJA11-0550. Diversion referrals, authority, and responsibilities.
CJA11-0551. Circumstances warranting diversion.
CJA11-0552. Diversion contract.
CJA11-0553. Respondent’s participation in diversion.
CJA11-0554. Terminating diversion.
CJA11-0555. Diversion Costs.
Discipline
CJA11-0560. Grounds for discipline.
CJA11-0561. Accessing disciplinary information.
CJA11-0562. Disseminating disciplinary information.
CJA11-0563. Interim discipline for threat of harm.
CJA11-0564. Finding of guilt or entry of a plea to a crime.
CJA11-0565. Discipline by consent.
CJA11-0566. Resignation with discipline pending.
CJA11-0567. Reciprocal discipline.
CJA11-0568. Proceedings in which Lawyer is declared to be incompetent or alleged to be incapacitated.
CJA11-0569. Noncompliance with child support order, child visitation order, subpoena or order relating to paternity, or child support proceeding.
CJA11-0570. Notice of disability or suspension; return of clients’ property; refund of unearned fees.
Sanctions
CJA11-0580. Purpose and nature of sanctions.
CJA11-0581. Sanctions.
CJA11-0582. Factors to be considered in imposing sanctions.
CJA11-0583. Imposition of Sanctions.
CJA11-0584. Reserved.
CJA11-0585. Reserved.
CJA11-0586. Reserved.
CJA11-0587. Prior discipline orders.
CJA11-0588. Aggravation and mitigation. 

Reinstatement
CJA11-0590. Reinstatement following a suspension of no more than six months or probation.
CJA11-0591. Reinstatement following a suspension of more than six months; relicensure.
 
Repeal:
Repeal of Chapter 14 articles 5 and 6
Repeal of Chapter 15 articles 5 and 6
Repeal of Rule 11-501
 
Amending rules:
USB14-0102 . Regulating the practice of law.
USB14-0103. Bar organization and management.
USB14-0105. Proposing rules to regulate licensed lawyers,
licensed paralegal practitioners, and judicial officers.
USB14-0107. Duties of lawyers, foreign legal consultants,
and licensed paralegal practitioners.
USB14-0111. Practicing without a license prohibited.
USB14-0202. Bar’s purposes.
USB14-0207. Finances.
USB14-0208. Special rules and regulations.
USB14-0801. Definitions.
USB14-0904. Funding.
USB14-0912. Processing claims.
URGLPP15-0402. Definitions.
URGLPP15-0701. Definitions.
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Rules Governing Licensed Paralegal Practitioner – Effective November 1, 2020

URGLPP15-0707. Application; deadlines; withdrawals; postponements and fees. Amend. The amendments to CJA Rule 15-707 allow Licensed Paralegal Practitioner (LPP) applicants to submit an application before completing the national certification requirement so long as that certification is completed within one year of passing the LPP exam. LPPs must complete the national certification before obtaining a license.

Supreme Court Order

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Rules Governing the State Bar, Rules Governing Licensed Paralegal Practitioners, and Licensed Paralegal Practitioners Rules of Professional Conduct – Effective May 1, 2019

Rules Governing the State Bar

USB14-0802. Authorization to practice law. The amendments to Rule 14-802 clarify that the forms an LPP may use are forms approved by the Judicial Council.

Rules Governing Licensed Paralegal Practitioners

URGLPP15-0510. Prosecution and appeals. The amendment to Rule 15-510 changes a cross reference to Standing Order No.7 to a cross reference to Rule 14-303.

Licensed Paralegal Practitioners Rules of Professional Conduct

LPP1.013. Organization as a client. Rule 1.13 is repealed because it governs when an LPP represents an organization as a client and an LPP may not represent an organization as a client.

LPP5.04. Professional independence of a licensed paralegal practitioner.

LPP6.01. Voluntary pro bono legal service.

The amendments to Rules 5.4 and 6.1 remove language that refers to an LPP representing an organization as a client. An LPP may not represent an organization as a client.

Supreme Court Order for USB14-0802

Supreme Court Order for URGLPP15-0510

Supreme Court Order for LPP’s 1.013, 5.04, and 6.01

 

 

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Rules Governing Licensed Paralegal Practitioner – Effective January 16, 2019

Client – LLP Relationship

The amendments to the comments are to remove references to an organization as a client because an LPP may not represent an organization as a client.

URGLPP1.04. Communication.

URGLPP1.06. Confidentiality of information.

URGLPP1.07. Conflict of interest: current clients.

URGLPP1.08. Conflict of interest: current clients: specific rules.

URGLPP1.09. Duties to former clients.

URGLPP1.017. Sale of licensed paralegal practice.

URGLPP7.02. Advertising.

URGLPP7.03. Solicitation of clients.

Supreme Court Order

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Rules Governing Licensed Paralegal Practitioners – Effective November 1, 2018

Information About Legal Services

URGLPP7.01. Communications concerning a licensed paralegal practitioner’s services.

URGLPP7.02. Advertising.

URGLPP7.03. Solicitation of clients.

URGLPP7.04. Communication of fields of practice.

URGLPP7.05. Firm names and letterheads.

URGLPP7.06. Reserved.

Maintaining the Integrity of the Profession

URGLPP8.01. Licensing and disciplinary matters.

URGLPP8.02. Judicial officials.

URGLPP8.03. Reporting professional misconduct.

URGLPP8.04. Misconduct.

URGLPP8.05. Disciplinary authority; choice of law.

Supreme Court Order

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Rules Governing Licensed Paralegal Practitioner – Effective November 1, 2018

Firms and Associations

URGLPP5.01. Responsibilities of partners, managers, and supervisory licensed paralegal practitioners.

URGLPP5.02. Responsibilities of a subordinate licensed paralegal practitioner.

URGLPP5.03. Responsibilities regarding non-lawyer and non-licensed paralegal practitioner assistants.

URGLPP5.04. Professional independence of a licensed paralegal practitioner.

URGLPP5.05. Unauthorized practice of law; multijurisdictional practice of law.

URGLPP5.06. Restrictions on right to practice.

URGLPP5.07. Reserved.

Public Service

URGLPP6.01. Voluntary pro bono legal service.

URGLPP6.02. Reserved.

URGLPP6.03. Membership in legal services organization.

URGLPP6.04. Law reform activities affecting client interests.

URGLPP6.05. Nonprofit and court-annexed limited legal services programs.

Supreme Court Order

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Rules Governing Licensed Paralegal Practitioner – Effective November 1, 2018

Counselor

URGLPP2.01. Advisor.

URGLPP2.02. Reserved.

URGLPP2.03. Evaluation for use by third persons.

URGLPP2.04. Reserved.

Advocate

URGLPP3.01. Meritorious claims and contentions.

URGLPP3.02. Reserved.

URGLPP3.03. Candor toward the tribunal.

URGLPP3.04. Fairness to opposing party and counsel.

URGLPP3.05. Impartiality and decorum of the tribunal.

URGLPP3.06. Reserved.

URGLPP3.07. Reserved.

URGLPP3.08. Reserved.

URGLPP3.09. Reserved.

Transactions with Persons Other Than Clients

URGLPP4.01. Truthfulness in statements to others.

URGLPP4.02. Communication with persons represented by counsel.

URGLPP4.03. Dealing with unrepresented person.

URGLPP4.04. Reserved.

Supreme Court Order

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