Category: -Rules Governing the Utah State Bar

Rules Governing the Utah State Bar – Effective November 1, 2021

USB14-0802. Authorization to practice law. Amend. The rule will now allow an LPP to stand or sit with their client during a proceeding to provide emotional support, answer factual questions as needed that are addressed to the client by the court or opposing counsel, take notes, and assist the client to understand the proceeding and relevant orders. This amendment differs from what circulated for comment by clarifying and limiting the scope of the LPP’s assistance at counsel table.

Supreme Court Order

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Rules Governing the Utah State Bar – Effective May 1, 2021

Changes include the following and the attached letter from David Hirschi, Chair of the MCLE Board. “The Supreme Court Board of Mandatory Continuing Legal Education is proposing changes to the MCLE Rules that govern licensed attorneys.  For more information, please see the attached letter from David Hirschi, Chair MCLE Board.”

David Hirschi MCLE Letter

USB14-0401.

USB14-0402.

USB14-0403.

USB14-0404.

USB14-0405.

USB14-0406.

USB14-0407.

USB14-0408.

USB14-0409.

USB14-0410.

USB14-0411.

USB14-0412.

USB14-0413.

USB14-0414.

USB14-0415.

USB14-0416.

USB14-0417.

USB14-0418.

Supreme Court Order

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Rules Governing the Utah State Bar – Effective May 1, 2021

Changes allow domestic relations commissioners, retired and senior judges to serve on fee dispute panels. Changes also increase the jurisdictional amount from $3,000 to $10,000 for one lawyer to arbitrate a fee dispute. Other changes are proposed to include licensed paralegal practitioners in the fee dispute rules.

USB14-01101. Definitions.

USB14-01102. Purpose and composition of the committee.

USB14-01105. Selection of the arbitration panel; additional claims.

USB14-01107. Award; form; service of award; judicial confirmation of award.

USB14-01108. Relief granted by award; accord and satisfaction application to court; confidentiality; enforceability of award; claims of malpractice.

USB14-01114. Matters entitled to mediation.

Supreme Court Order

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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 the Utah State Bar – Effective May 1, 2021

Changes allow domestic relations commissioners, retired and senior judges to serve on fee dispute panels. Changes also increase the jurisdictional amount from $3,000 to $10,000 for one lawyer to arbitrate a fee dispute. Other changes are proposed to include licensed paralegal practitioners in the fee dispute rules.

USB14-1101. Definitions.

USB14-1102. Purpose and composition of the committee.

USB14-1105. Selection of the arbitration panel; additional claims.

USB14-1107.  Award; form; service of award; judicial confirmation of award.

USB14-1108.  Relief granted by award; accord and satisfaction to court; confidentiality; enforceability of award; claims of malpractice.

USB14-1114.  Matters entitled to mediation.

Supreme Court Order

 

 

 

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Rules Governing the State Bar – Effective May 1, 2019

USB14-0804. Certification for military legal assistance lawyers. Amend. Updates the standards for military lawyers who are allowed by military and federal law to assist certain persons who can receive military legal assistance.

USB14-0805. Admission for spouse of active military stationed in Utah. New. Allows spouses of servicemen and women who are stationed in Utah to serve as practicing lawyers under certain conditions.

Conforming and technical amendments:

USB14-0701. Definitions.  

USB14-0705. Admission by motion. 

USB14-0712. Qualifications for admission based on UBE.

Supreme Court Order for USB14-0804 and USB14-0805

Supreme Court Order for USB14-0701, USB14-0705, and USB14-0712

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