Rule 14-719. Qualifications foradmission of House Counsel Applicants.
(a) Scope of practice. Anattorney admitted to the Bar as House Counsel shall limit her or his practice oflaw including legal representation to the business of her or his employer.However, House Counsel can provide pro bono legal services under the auspicesof an approved sponsoring entity consistent with Rule 14-803 of the Utah Rulesof Lawyer Discipline and Disability. House Counsel shall not:
(a)(1) Appear before a court ofrecord or not of record as an attorney or counselor in the State of Utah exceptas otherwise authorized by law or rule; or
(a)(2) Offer legal services oradvice to the public or hold herself or himself out as being so engaged orauthorized. An attorney granted a House Counsel license is not prevented fromappearing in any matter pro se, performing pro bono services under Rule 14-803,or from fulfilling the duties of a member of the active or reserve componentsof the armed forces or the National Guard.
(b) Requirements of House CounselApplicants. To be recommended for admission to the Bar as House Counsel, aperson must establish by clear and convincing evidence that she or he:
(b)(1) has filed a CompleteApplication for admission and paid the prescribed application fee;
(b)(2) is at least 21 years old;
(b)(3) graduated with a FirstProfessional Degree in law from an Approved Law School, or from an UnapprovedLaw School located within a U.S. state, territory or the District of Columbia;
(b)(4) is licensed to practicelaw and in active status in a U.S. state, territory or the District ofColumbia;
(b)(5) either (A) is a bona fideresident of the State of Utah or (B) maintains an office as the employer'shouse counsel within the State of Utah;
(b)(6) is employed and practiceslaw exclusively as house counsel for a non-governmental corporation, itssubsidiaries or affiliates, an association, a business, or other legal entitywhose lawful business consists of activities other than the practice of law orthe provision of legal services;
(b)(7) has provided an affidavitsigned by both the Applicant and the employer that the Applicant is employedexclusively as house counsel and that Applicant has disclosed to the employerthe limitations on House Counsel's license of practicing under this rule;
(b)(8) is of good moral characterand satisfies the requirements of Rule 14-708;
(b)(9) has presented satisfactoryproof both of admission to the practice of law and that she or he is a memberin good standing in all jurisdictions where currently admitted;
(b)(10) has a proven record ofethical, civil and professional behavior and has never been disbarred orresigned with discipline pending, or their equivalent, in any jurisdiction, andis not currently subject to lawyer discipline or the subject of a pendingdisciplinary matter;
(b)(11) has received a passingMPRE score; and
(b)(12) has complied with theoath and enrollment provisions of Rule 14-716 and paid the licensing feesrequired for active status.
(c) Timing of application andadmission. An application under this rule may be filed at any time but theApplicant must be able to demonstrate that she or he satisfies the requirementsof this rule as of the date the application is filed.
(c)(1) The processing of theapplication and the character and fitness investigation require a minimum offour months to complete.
(c)(2) Upon approval theApplicant must comply with the provisions of Rule 14-716 concerning licensingand enrollment fees.
(c)(3) A person licensed as HouseCounsel shall pay annual license fees which shall be equal to the fees requiredto be paid by a member of the Bar on Active status.
(d) Unauthorized practice of law.
(d)(1) It is the unauthorizedpractice of law for an attorney not licensed in Utah to practice law in thestate except as otherwise provided by law.
(d)(2) An attorney who complieswith the requirements of subsection (b)(1) may provide services to an employerin Utah while the application is pending as long as the application is filedwithin six months of the out-of-state attorney accepting a house counselposition.
(d)(3) An attorney who provideslegal advice to her or his employer but is not an active member of the Bar orlicensed as House Counsel pursuant to this rule may be referred forinvestigation for the unauthorized practice of law.
(e) Continuing legal educationrequirement. House Counsel shall pay the designated filing fee and file withthe MCLE Board by July 31 of each year a Certificate of Compliance from thejurisdiction where House Counsel maintains an active license establishing thatshe or he has completed the hours of continuing legal education required ofactive attorneys in the jurisdiction where House Counsel is licensed.
(f)Subject to disciplinary proceedings. A person licensed as House Counsel shallbe subject to professional discipline in the same manner and to the same extentas members of the Bar and specifically shall be subject to discipline by theSupreme Court as delegated by rule and shall otherwise be governed by Chapter13, the Rules of Professional Conduct, Chapter 14 Article 5, Lawyer Disciplineand Disability, Article 6, Standards for Imposing Lawyer Sanctions, and otherapplicable rules adopted by the Supreme Court, and all applicable statutoryprovisions.
(g) Notification of change instanding.
(g)(1) House Counsel shallexecute and file with the Licensing Office a written notice of any change in thatperson's membership status, good standing or authorization to practice law inany jurisdiction where licensed.
(g)(2) House Counsel shallexecute and file with the OPC a written notice of the commencement of allformal disciplinary proceedings and of all final disciplinary actions taken inany other jurisdiction.
(h) No Solicitation. HouseCounsel is not authorized by anything in this rule to hold out to the public orotherwise solicit, advertise, or represent that he or she is available toassist in representing the public in legal matters in Utah.
(i) Cessation of activity ashouse counsel. A House Counsel license terminates and the House Counsel shallimmediately cease performing all services under this rule and shall ceaseholding herself or himself out as House Counsel upon:
(i)(1) termination of employmentwith the qualified employer as provided in subsection (b)(6);
(i)(2) termination of residence,or the maintenance of his or her office in the State of Utah as provided insubsection (b)(5);
(i)(3) failure to maintain activestatus in a sister state or United States territory or the District ofColumbia, or to satisfy the Bar's annual licensing requirements, includingcompliance with mandatory continuing legal education requirements as provided forin this rule;
(i)(4) completion of anydisciplinary proceeding in Utah or any other jurisdiction, which warrantssuspension or termination of the House Counsel license.
(j)(1) transferred to inactivestatus in accordance with subsection (k); or
(j)(2) employment with aqualified employer and has provided the required verification of employmentpursuant to subsection (b)(7);
(j)(3) established a residence ormaintains an office for the practice of law as House Counsel for the employerwithin the State of Utah; and
(j)(4) active status in a U.S.state, territory or the District of Columbia and has complied with the Bar'sannual licensing and MCLE requirements for House Counsel.
(k) Inactive status. HouseCounsel who is not currently practicing may transfer to inactive status underRule 14-203(a)(4). Doing so will prevent the lapse of the license as long asthe inactive status is maintained.
(k)(1) Inactive House Counsel mayreturn to active status upon demonstration of compliance with requirements(j)(1) through (j)(4) and payment of the necessary fees in accordance with Rule14-203(b).
(l) Notice of change ofemployment. House Counsel shall notify, in writing, the Licensing Office of thetermination of the employment pursuant to which the House Counsel license wasissued.
(m) Full admission to the UtahState Bar. A House Counsel license will be terminated automatically once theattorney has been otherwise admitted to the practice of law in Utah as anactive member of the Bar. Any person who has been issued a House Counsellicense may qualify for full membership by establishing by clear and convincingevidence that she or he:
(m)(2) has successfully passedthe Bar Examination under Rule 14-704, has transferred a passing UBE scoreunder Rule 14-712, or qualifies for admission under Rule 14-705. Time spent inUtah practicing as House Counsel or performing pro bono services does notqualify an attorney for admission under Rule 14-705; and
EffectiveDate May 1, 2018.