(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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).
(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.