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Rule 14-705. Admission by motion.

(a) Reciprocal admission. An Applicant is eligible tobe admitted by motion if the Applicant meets all the requirements of this rule.Admission by Motion is not a right; the burden of proof is on the Applicant to establishby clear and convincing evidence that she or he:

(1) has paid theprescribed nonrefundable fee and filed the required Complete Application as aMotion Applicant;

(2) is at least 21 years old;

(3) has beenadmitted by bar examination to practice law before the highest court of a U.S.state, territory or the District of Columbia;

(4) holds a First Professional Degree in law from anApproved Law School;

(5) has successfully passed the MPRE;

(6) has demonstrated thatthe U.S. state, territory or the District of Columbia that licenses theApplicant reciprocally allows the admission of licensed Utah lawyers underterms and conditions similar to those set forth in this rule;

(7) has beenActively licensed and lawfully engaged in the Full-time Practice of Law asdefined in Rule 14-701 in the reciprocal jurisdiction(s) where licensed for 60of the 84 months immediately preceding the date of the filing of theapplication for admission. For purposes of admission under this rule and withthe exception of lawyers licensed in Utah as House Counsel, any time practicingat an office located in Utah will not be counted as time practicing in areciprocal jurisdiction;

(8) is a member in good standing in all jurisdictionswhere currently admitted;

(9) 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;

(10) is of good moral character and satisfies therequirements of Rule 14-708;

(b) Continuing legal education requirement. AllApplicants admitted to practice law pursuant to this rule shall complete andcertify no later than six months following the Applicant?s admission that sheor he has attended at least 15 hours of continuing legal education on Utahpractice and procedure and ethics requirements.

(1) The Board may byregulation specify the number of the required 15 hours that must be inparticular areas of practice, procedure, and ethics. Included in this mandatory15 hours is attendance at the Bar?s OPC ethics school.

(c) Form and content of application. The Board mayrequire additional proof of any facts stated in the application. In the eventof the failure or the refusal of the Applicant to furnish any information orproof, or to answer any inquiry of the Board pertinent to the pendingapplication, the Board may deny the application without hearing.

(d) Timing of application and admission. An applicationmay be filed at any time but the Applicant must be able to demonstrate that sheor he satisfies the requirements of this rule as of the date the application isfiled. Processing of the application and the character and fitnessinvestigation require a minimum of four months to complete.

(1) An Applicant noteligible for admission pursuant to this rule may qualify for admission as anAttorney Applicant pursuant to Rule 14-704.

(2) Upon approval theApplicant must comply with the provisions of Rule 14-716 concerning licensingand enrollment fees.

(e) Practice pending admission. Only persons who areactive, licensed members of the Bar in good standing may engage in the practiceof law in Utah. However, a Motion Applicant with apending Bar application may be eligible to practice for a limitedperiod upon satisfaction of all of the requirements of Rule 14-809 and receiptof a Practice Pending Admission Certificate.

 

Effective November 12, 2020