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Rule 5.5. Unauthorized Practiceof Law; Multijurisdictional Practice of Law.

(a) A lawyer shall not practice law in a jurisdiction in violation ofthe regulation of the legal profession in that jurisdiction, or assist anotherin doing so.

(b) A lawyer who is not admitted to practice in this jurisdiction shallnot:

(b)(1) except as authorized by these Rules or other law, establish anoffice or other systematic and continuous presence in this jurisdiction for thepractice of law; or

(b)(2) hold out to the public or otherwise represent that the lawyer isadmitted to practice law in this jurisdiction.

(c) A lawyer admitted in another United States jurisdiction, and notdisbarred or suspended from practice in any jurisdiction, may provide legalservices on a temporary basis in this jurisdiction that:

(c)(1) are undertaken in association with a lawyer who is admitted topractice in this jurisdiction and who actively participates in the matter;

(c)(2) are in or reasonably related to a pending or potential proceedingbefore a tribunal in this or another jurisdiction, if the lawyer, or a personthe lawyer is assisting, is authorized by law or order to appear in suchproceeding or reasonably expects to be so authorized;

(c)(3) are in or reasonably related to a pending or potentialarbitration, mediation or other alternative dispute resolution proceeding inthis or another jurisdiction, if the services arise out of or are reasonablyrelated to the lawyer?s practice in a jurisdiction in which the lawyer isadmitted to practice and are not services for which the forum requires pro hacvice admission; or

(c)(4) are not within paragraphs (c)(2) or (c)(3) and arise out of orare reasonably related to the lawyer?s practice in a jurisdiction in which thelawyer is admitted to practice.

(d) A lawyer admitted in another United States jurisdiction and notdisbarred or suspended from practice in any jurisdiction may provide legalservices through an office or other systematic and continuous presence in thisjurisdiction without admission to the Utah State Bar if:

(d)(1) the services are providedto the lawyer?s employer or its organizational affiliates while the lawyer hasa pending application for admission to the Utah State Bar and are not services for which the forum requires pro hac viceadmission; or

(d)(2) the services provided are authorizedby specific federal or Utah law or by applicable rule.

Comment

[1] A lawyer may practice lawonly in a jurisdiction in which the lawyer is authorized to practice. A lawyermay be admitted to practice law in a jurisdiction on a regular basis or may beauthorized by court rule or order or by law to practice for a limited purposeor on a restricted basis. Paragraph (a) applies to unauthorized practice of lawby a lawyer, whether through the lawyer?s direct action or by the lawyer?sassisting another person. For example, a lawyer may not assist a person inpracticing law in violation of the rules governing professional conduct in thatperson?s jurisdiction.

[2] The definition of thepractice of law is established by law and varies from one jurisdiction toanother. The "practice of law" in Utah is defined in Rule14-802(b)(1), Authorization to Practice Law, of the Supreme Court Rules ofProfessional Practice. This Rule does not prohibit a lawyer from employing theservices of paraprofessionals and delegating functions to them, so long as thelawyer supervises the delegated work and retains responsibility for their work.See Rule 5.3.

[2a] TheUtah rule modifies the second sentence of ABA Comment [2] to reflect and beconsistent with Rule 14‑802(b)(1), Authorization to Practice Law, of theSupreme Court Rules of Professional Practice, which both defines the ?practiceof law? and expressly authorizes nonlawyers to engage in some aspects of thepractice of law as long as their activities are confined to the categories ofservices specified in that rule.

[3] A lawyer may provide professionaladvice and instruction to nonlawyers whose employment requires knowledge of thelaw, for example, claims adjusters, employees of financial or commercialinstitutions, social workers, accountants and persons employed in governmentagencies. Lawyers also may assist independent nonlawyers, such asparaprofessionals, who are authorized by the law of a jurisdiction to provideparticular law-related services. In addition, a lawyer may counsel nonlawyerswho wish to proceed pro se.

[4] Other than as authorized bylaw or this Rule, a lawyer who is not admitted to practice generally in thisjurisdiction violates paragraph (b)(1) if the lawyer establishes an office orother systematic and continuous presence in this jurisdiction for the practiceof law. Presence may be systematic and continuous even if the lawyer is notphysically present here. Such a lawyer must not hold out to the public orotherwise represent that the lawyer is admitted to practice law in thisjurisdiction. See also Rules 7.1(a) and 7.5(b).

[5] There are occasions in whicha lawyer admitted to practice in another United States jurisdiction, and notdisbarred or suspended from practice in any jurisdiction, may provide legalservices on a temporary basis in this jurisdiction under circumstances that donot create an unreasonable risk to the interests of their clients, the publicor the courts. Paragraph (c) identifies four such circumstances. The fact thatconduct is not so identified does not imply that the conduct is or is notauthorized. With the exception of paragraphs (d)(1) and (d)(2), this Rule doesnot authorize a lawyer to establish an office or other systematic andcontinuous presence in this jurisdiction without being admitted to practicegenerally here.

[6] There is no single test todetermine whether a lawyer?s services are provided on a "temporarybasis" in this jurisdiction and may therefore be permissible underparagraph (c). Services may be "temporary" even though the lawyerprovides services in this jurisdiction on a recurring basis, or for an extendedperiod of time, as when the lawyer is representing a client in a single lengthynegotiation or litigation.

[7] Paragraphs (c) and (d) applyto lawyers who are admitted to practice law in any United States jurisdiction,which includes the District of Columbia and any state, territory orcommonwealth of the United States. The word "admitted" in paragraphs(c) and (d) contemplates that the lawyer is authorized to practice in thejurisdiction in which the lawyer is admitted and excludes a lawyer who whiletechnically admitted is not authorized to practice, because, for example, thelawyer is on inactive status.

[8] Paragraph (c)(1) recognizesthat the interests of clients and the public are protected if a lawyer admittedonly in another jurisdiction associates with a lawyer licensed to practice inthis jurisdiction. For this paragraph to apply, however, the lawyer admitted topractice in this jurisdiction must actively participate in and shareresponsibility for the representation of the client.

[9] Lawyers not admitted topractice generally in a jurisdiction may be authorized by law or order of atribunal or an administrative agency to appear before the tribunal or agency.This authority may be granted pursuant to formal rules governing admission prohac vice or pursuant to informal practice of the tribunal or agency. Underparagraph (c)(2), a lawyer does not violate this Rule when the lawyer appearsbefore a tribunal or agency pursuant to such authority. To the extent that acourt rule or other law of this jurisdiction requires a lawyer who is notadmitted to practice in this jurisdiction to obtain admission pro hac vicebefore appearing before a tribunal or administrative agency, this Rule requiresthe lawyer to obtain that authority.

[10] Paragraph (c)(2) alsoprovides that a lawyer rendering services in this jurisdiction on a temporarybasis does not violate this Rule when the lawyer engages in conduct inanticipation of a proceeding or hearing in a jurisdiction in which the lawyeris authorized to practice law or in which the lawyer reasonably expects to beadmitted pro hac vice. Examples of such conduct include meetings with theclient, interviews of potential witnesses and the review of documents.Similarly, a lawyer admitted only in another jurisdiction may engage in conducttemporarily in this jurisdiction in connection with pending litigation inanother jurisdiction in which the lawyer is or reasonably expects to beauthorized to appear, including taking depositions in this jurisdiction.

[11] When a lawyer has been orreasonably expects to be admitted to appear before a court or administrativeagency, paragraph (c)(2) also permits conduct by lawyers who are associatedwith that lawyer in the matter, but who do not expect to appear before thecourt or administrative agency. For example, subordinate lawyers may conductresearch, review documents and attend meetings with witnesses in support of thelawyer responsible for the litigation.

[12] Paragraph (c)(3) permits alawyer admitted to practice law in another jurisdiction to perform services ona temporary basis in this jurisdiction if those services are in or reasonablyrelated to a pending or potential arbitration, mediation or other alternativedispute resolution proceeding in this or another jurisdiction, if the servicesarise out of or are reasonably related to the lawyer?s practice in ajurisdiction in which the lawyer is admitted to practice. The lawyer, however,must obtain admission pro hac vice in the case of a court-annexed arbitrationor mediation or otherwise if court rules or law so require.

[13] Paragraph (c)(4) permits alawyer admitted in another jurisdiction to provide certain legal services on atemporary basis in this jurisdiction that arise out of or are reasonably relatedto the lawyer?s practice in a jurisdiction in which the lawyer is admitted butare not within paragraphs (c)(2) or (c)(3).

[13a] Thelast sentence in Comment [13] to ABA Model Rule 5.5 has been omitted to comportwith Utah?s definition of the ?practice of law? in Rule 14‑802(b)(1).

[14] Paragraphs (c)(3) and (c)(4)require that the services arise out of or be reasonably related to the lawyer?spractice in a jurisdiction in which the lawyer is admitted. A variety offactors evidence such a relationship. The lawyer?s client may have beenpreviously represented by the lawyer or may be resident in or have substantialcontacts with the jurisdiction in which the lawyer is admitted. The matter,although involving other jurisdictions, may have a significant connection withthat jurisdiction. In other cases, significant aspects of the lawyer?s workmight be conducted in that jurisdiction or a significant aspect of the mattermay involve the law of that jurisdiction. The necessary relationship mightarise when the client?s activities or the legal issues involve multiplejurisdictions, such as when the officers of a multinational corporation surveypotential business sites and seek the services of their lawyer in assessing therelative merits of each. In addition, the services may draw on the lawyer?srecognized expertise developed through the regular practice of law on behalf ofclients in matters involving a particular body of federal, nationally-uniform,foreign or international law.

[15] Paragraph (d) identifies twocircumstances in which a lawyer who is admitted to practice in another UnitedStates jurisdiction, and is not disbarred or suspended from practice in anyjurisdiction, may establish an office or other systematic and continuouspresence in this jurisdiction for the practice of law as well as provide legalservices on a temporary basis. Except as provided in paragraphs (d)(1) and(d)(2), a lawyer who is admitted to practice law in another jurisdiction andwho establishes an office or other systematic or continuous presence in thisjurisdiction must become admitted to practice law generally in thisjurisdiction.

[15a]Utah's Rule 5.5(d) differs from the ABA Model Rule by requiring a personproviding services to the lawyer?s employer to have submitted an applicationfor admission to the Bar, such as an application for admission of attorneyapplicants under Supreme Court Rules of Professional Practice, Rule 14-704;admission by motion under Rule 14-705; or admission as House Counsel under Rule14-719.

[15b] UtahRule 5.5 does not adopt the ABA?s provisions dealing with foreign lawyers, asother rules in Article 7 of the Rules Governing the Utah State Bar cover thismatter.

[16] Paragraph (d)(1) applies toa lawyer who is employed by a client to provide legal services to the client orits organizational affiliates, i.e., entities that control, are controlled byor are under common control with the employer. This paragraph does notauthorize the provision of personal legal services to the employer?s officersor employees. The paragraph applies to in-house corporate lawyers, governmentlawyers and others who are employed to render legal services to the employer.The lawyer?s ability to represent the employer outside the jurisdiction inwhich the lawyer is licensed generally serves the interests of the employer anddoes not create an unreasonable risk to the client and others because theemployer is well situated to assess the lawyer?s qualifications and the qualityof the lawyer?s work.

[17] If an employed lawyer establishesan office or other systematic presence in this jurisdiction for the purpose ofrendering legal services to the employer under paragraph (d)(1), the lawyer is subject to Utah admission and licensing requirements,including assessments for annual licensing fees and client protection funds,and mandatory continuing legal education.

[18] Paragraph (d)(2) recognizesthat a lawyer may provide legal services in a jurisdiction in which the lawyeris not licensed when authorized? federalor other law, which includes statute, court rule, executive regulation orjudicial precedent.

[18a] TheUtah version of Paragraph (d)(2) clarifies that a lawyer not admitted topractice in Utah may provide legal services under that paragraph only if thelawyer can cite specific federal or state law or an applicable rule thatauthorizes the services.? See, e.g., RuleDUCivR 83‑1.1, Rules of Practice of the United States District Court ofthe District of Utah; Rule 14‑804 of the Supreme Court Rules ofProfessional Practice, admission for military-lawyer practice; Rule14-719(d)(2), which provides a six-month period during which an in-housecounsel is authorized to practice before submitting a House Counselapplication; practice as a patent attorney before the United States Patent andTrademark Office.

[19] A lawyer who practices lawin this jurisdiction pursuant to paragraphs (c) or (d) or otherwise is subjectto the disciplinary authority of this jurisdiction. See Rule 8.5(a).

[20] In some circumstances, alawyer who practices law in this jurisdiction pursuant to paragraphs (c) or (d)may have to inform the client that the lawyer is not licensed to practice lawin this jurisdiction. For example, that may be required when the representationoccurs primarily in this jurisdiction and requires knowledge of the law of thisjurisdiction. See Rule 1.4(b).

[21] Paragraphs (c) and (d) donot authorize communications advertising legal services in this jurisdiction bylawyers who are admitted to practice in other jurisdictions. Whether and howlawyers may communicate the availability of their services in this jurisdictionare governed by Rules 7.1 to 7.5.