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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 practiceof law including legal representation to the business of her or his employer. However,House Counsel can provide pro bono legal services under the auspices of anapproved sponsoring entity consistent with Rule 14-803 of the Utah Rules ofLawyer Discipline and Disability. House Counsel shall not:

(1)Appear before a court of record or not of record as an attorney or counselor inthe State of Utah except as otherwise authorized by law or rule; or

(2)Offer legal services or advice to the public or hold herself or himself out asbeing so engaged or authorized. An attorney granted a House Counsel license isnot prevented from appearing in any matter pro se, performing pro bono servicesunder Rule 14-803, or from fulfilling the duties of a member of the active orreserve components of 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:

(1)has filed a Complete Application for admission and paid the prescribedapplication fee;

(2) is at least 21 yearsold;

(3)graduated with a First Professional Degree in law from an Approved Law School,or from an Unapproved Law School located within a U.S. state, territory or theDistrict of Columbia;

(4)is licensed to practice law and in active status in a U.S. state, territory orthe District of Columbia;

(5)is employed and practices law exclusively as house counsel for anon-governmental corporation, its subsidiaries or affiliates, an association, abusiness, or other legal entity whose lawful business consists of activitiesother than the practice of law or the provision of legal services;

(6)is either (A) a bona fide resident of the State of Utah or (B) house counselfor an employer located in Utah;

(7)has provided an affidavit signed by both the Applicant and the employer thatthe Applicant is employed exclusively as house counsel and that Applicant hasdisclosed to the employer the limitations on House Counsel's license ofpracticing under this rule;

(8) is of good moralcharacter and satisfies the requirements of Rule 14-708;

(9)has presented satisfactory proof both of admission to the practice of law andthat she or he is a member in good standing in all jurisdictions wherecurrently admitted;

(10)has a proven record of ethical, civil and professional behavior and has neverbeen disbarred or resigned with discipline pending, or their equivalent, in anyjurisdiction, and is not currently subject to lawyer discipline or the subjectof a pending disciplinary matter;

(11) has received apassing MPRE score; and

(12)has complied with the oath and enrollment provisions of Rule 14-716 and paidthe licensing fees required 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.

(1)The processing of the application and the character and fitness investigationrequire a minimum of four months to complete.

(2)Upon approval the Applicant must comply with the provisions of Rule 14-716concerning licensing and enrollment fees.

(3)A person licensed as House Counsel shall pay annual license fees which shall beequal to the fees required to be paid by a member of the Bar on Active status.

(d) Unauthorized practice of law.

(1)It is the unauthorized practice of law for an attorney not licensed in Utah topractice law in the state except as otherwise provided by law.

(2)An attorney who complies with the requirements of subsection (b)(1) may provideservices to an employer in Utah while the application is pending as long as theapplication is filed within six months of the out-of-state attorney accepting ahouse counsel position.

(3)An attorney who provides legal advice to her or his employer but is not anactive member of the Bar or licensed as House Counsel pursuant to this rule maybe referred for investigation for the unauthorized practice of law.

(e) Continuing legal educationrequirement. House Counsel shall pay the designated filing fee and filewith the MCLE Board by July 31 of each year a Certificate of Compliance fromthe jurisdiction where House Counsel maintains an active license establishingthat she or he has completed the hours of continuing legal education requiredof active attorneys in the jurisdiction where House Counsel is licensed.

(f) Subject to disciplinaryproceedings. A person licensed as House Counsel shall be subject toprofessional discipline in the same manner and to the same extent as members ofthe Bar and specifically shall be subject to discipline by the Supreme Court asdelegated by rule and shall otherwise be governed by Chapter 13, the Rules ofProfessional Conduct, Chapter 14 Article 5, Lawyer Discipline and Disability,Article 6, Standards for Imposing Lawyer Sanctions, and other applicable rulesadopted by the Supreme Court, and all applicable statutory provisions.

(g) Notification of change instanding.

(1)House Counsel shall execute and file with the Licensing Office a written noticeof any change in that person's membership status, good standing orauthorization to practice law in any jurisdiction where licensed.

(2)House Counsel shall execute and file with the OPC a written notice of thecommencement of all formal disciplinary proceedings and of all finaldisciplinary actions taken in any 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 Counselshall immediately cease performing all services under this rule and shall ceaseholding herself or himself out as House Counsel upon:

(1)termination of employment with the qualified employer as provided in subsection(b)(6);

(2)termination of residence, or the maintenance of his or her office in the Stateof Utah as provided in subsection (b)(5);

(3)failure to maintain active status in a sister state or United States territoryor the District of Columbia, or to satisfy the Bar's annual licensingrequirements, including compliance with mandatory continuing legal education requirementsas provided for in this rule;

(4)completion of any disciplinary proceeding in Utah or any other jurisdiction,which warrants suspension or termination of the House Counsel license.

(j) Reinstatement after temporarylapse in license. An attorney whose House Counsel license is terminatedpursuant to subsection (i)(1), (i)(2), or (i)(3) shall be reinstated topractice law as a House Counsel if within six months from the termination theattorney is able to demonstrate to the Bar that she or he has:

(1)transferred to inactive status in accordance with subsection (k); or

(2)employment with a qualified employer and has provided the required verificationof employment pursuant to subsection (b)(7);

(3)established a residence or maintains an office for the practice of law as HouseCounsel for the employer within the State of Utah; and

(4)active status in a U.S. state, territory or the District of Columbia and hascomplied with the Bar's annual licensing and MCLE requirements for HouseCounsel.

(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.

(1)Inactive House Counsel may return to active status upon demonstration ofcompliance with requirements (j)(1) through (j)(4) and payment of the necessaryfees in accordance with Rule 14-203(b).

(l) Notice of change ofemployment. House Counsel shall notify, in writing, the Licensing Office ofthe termination of the employment pursuant to which the House Counsel licensewas issued.

(m) Full admission to the UtahState Bar. A House Counsel license will be terminated automatically oncethe attorney 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:

?(1) has applied as an Attorney Applicant orMotion Applicant by filing a Complete Application; any application must befiled in accordance with the filing deadlines set forth in Rule 14-707(b);

(2)has successfully passed the Bar Examination under Rule 14-704, has transferreda passing UBE score under Rule 14-712, or qualifies for admission under Rule14-705; and

(3)has complied with the provisions of Rule 14-716 concerning licensing andenrollment fees.

 

Effective Date November 12, 2020.