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Rule 14-803. Pro Bono Authorization for Utah InactiveAttorneys and Attorneys Admitted in Other States.  

(1)Authorization to Provide Pro Bono Services. A Utah attorney whois enrolled as inactive under Rule 14-203(a)(4) of the rules governing the UtahState Bar or an attorney who is admitted in another state and is in goodstanding or its equivalent in all jurisdictions in which the attorney isadmitted, shall be authorized to provide pro bono legal services underthe following circumstances:

(a)without compensation or an expectation of compensationas described in Rule 6.1 of the Utah Rules of Professional Conduct;

(b)to persons of limited means or to organizations, asdefined in paragraph (7) of this rule; and

(c)under the auspices of a sponsoring entity, which must be a not-for-profit legalservices organization, governmental entity, law school, Utah State Baraffiliate or other organization so designated by the Utah State Bar as providingpro bono legal services as defined in paragraph (7) of this rule.

(2)Duties of Sponsoring Entities. In order to qualify as a sponsoringentity, an organization must submit to the Utah State Bar an applicationidentifying the nature of the organization as one described in section (1)(c)of this rule. In the application, the organization shall verify that they willprovide appropriate training and support for volunteers. The organization isrequired to inform the Utah State Bar if the organization ceases to be asponsoring entity under this rule.

(3)Procedure for Attorneys Seeking Authorization to Provide Pro Bono Services.An attorney admitted in Utah who is enrolled as inactive or an attorney whois admitted in another state but not in Utah who seeks to provide pro bono servicesunder this rule shall submit a statement to the Utah State Bar including averification from a sponsoring entity or entities indicating that the attorneywill be participating in a pro bono program under the auspices of thatentity. An attorney who is seeking authorization based on admission in anotherstate or states shall also disclose all other state admissions and certify theyare in good standing or its equivalent in those jurisdictions. The attorney?sstatement shall include the attorney?s agreement that he or she willparticipate in any training required by the sponsoring entity. The attorney?sstatement shall also include a certificate of good standing or its equivalentand a disciplinary history and a sworn statement that the attorney has read andis familiar with the Utah Rules of Professional Conduct and will abide by them,that the attorney submits to the jurisdiction of the Utah Supreme Court and theUtah State Bar for disciplinary purposes, and that the attorney will neitherask for nor receive compensation of any kind for the legal services authorized.Upon receiving all information required under this paragraph, the Utah State Barshall cause its records to reflect that the attorney is certified to provide probono services. That certification shall continue until the end of the licensingyear in which the statement is submitted, unless the lawyer or the sponsoringentity sends notice to the Utah State Bar that the program or the lawyer?sparticipation in the program has ended.

(4)Renewal of Authorization and Certification. An attorney who has beenauthorized to provide pro bono services under this rule must timely renewthe authorization on an annual basis through the Utah State Bar?s relicensingprocess in order to continue providing pro bono legal services under this rule.In addition, an attorney who is seeking renewal based on admission in anotherstate shall resubmit certificates of good standing or the equivalent anddisciplinary histories from all other states in which the attorney is admitted.

(5)MCLE Exemption. The provisions of Rule 14-504 exempting attorneys fromMCLE requirements by reason of being enrolled as inactive shall apply toinactive attorneys authorized to provide pro bono services under thisrule, except that such attorneys shall participate in training to the extentrequired by the sponsoring entity.

(6)Disciplinary Authority. Lawyers admitted in another state who areproviding legal services in this jurisdiction are subject to disciplinaryauthority, as provided in Rule 8.5 of the Rules of Professional Conduct, and allother Rules of Professional Conduct. Any lawyer who provides legal servicespursuant to this rule shall not be considered to be engaged in the unlawfulpractice of law in this jurisdiction.

?(7) AuthorizedPro Bono Legal Services. Pro bono legal services as is defined inRule 6.1 (a) and (b)(1) of the Rules of ProfessionalConduct include: (a) legal services rendered to a person of limited means;(b)legal services to charitable, religious, civic, community, governmental oreducational organizations in matters designed to address the needs of persons oflimited means;(c) legal services to charitable, religious, civic, or communityorganizations in matters in furtherance of their organizational purposes.

(8)Expenses and Attorney Fee Awards. Theprohibition against compensation for the volunteer attorney shall not preventthe approved legal services organization from reimbursing the volunteerattorney for actual expenses incurred while rendering services hereunder norshall it prevent the approved legal services organization from making suchcharges for its services as it may otherwise properly charge. The approvedlegal services organization shall be entitled to receive all court-awardedattorney fees for any representation rendered by the volunteer attorney.

(9)Court appearances. A practitionerunder this rule who appears in court must orally advise the court at theinitial appearance in a case that he or she is certified to appear pursuant tothe rule.

AdvisoryCommittee Notes

 

EffectiveMay 1, 2016