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Rule 14-717

Rule 14-717. Readmission after resignation or disbarment of Utah attorneys.

(a)Readmission after resignation without discipline pending. Readmissionsubsequent to the resignation without discipline pending of a member of the Barrequires a new application, payment of fees, and a character and fitnessinvestigation. An Applicant is not required to retake the Bar Examination butmust fully comply with the requirements of Rule 14-716.

(b)Readmission of Disbarred Attorneys. An Applicant for readmission to the Barafter disbarment shall satisfy all requirements of this article, includingRules 14-703, 14-707(c), 14-708 and 14-716, and shall satisfy all otherrequirements imposed by Rule 14-525, the OPC, and Utah courts. A reportand recommendation shall be filed by the Character and Fitness Committee in thedistrict court in which the Applicant has filed his or her petition forreadmission. The district court must approve the Applicant's petition forreadmission under Rule 14-525 before an Applicant can be admitted and licensedunder Rule 14-716 to practice law.

?(c) A Disbarred Attorney Applicant mustundergo a formal hearing as set forth in Rule 14-708(c). A Disbarred AttorneyApplicant has the burden of proving rehabilitation by clear and convincingevidence. No Disbarred Attorney Applicant may take the Bar Examination prior tobeing approved by the Character and Fitness Committee as provided in Rule14-708(a). In addition to the requirements set forth in this rule and inconjunction with the application, an Applicant under this rule must:

(c)(1)file an application for admission in accordance withthe requirements and deadlines set forth in Rule 14-707(c).

(c)(2)provide a comprehensive written explanation of the circumstances surroundingher or his disbarment or resignation;

(c)(3)provide copies of all relevant documents including, but not limited to, orderscontaining findings of fact and conclusions of law relating to disbarment orresignation; and

(c)(4)provide a comprehensive written account of conduct evidencingrehabilitation.

(c)(5)To prove rehabilitation, the Applicant must demonstrate and provide evidence ofthe following:

(c)(5)(A)strict compliance with all disciplinary and judicialorders;

(c)(5)(B)full restitution of funds or property where applicable;

(c)(5)(C)a lack of malice toward those who instituted theoriginal proceeding against the Applicant;

(c)(5)(D)unimpeachable character and moral standing in thecommunity;

(c)(5)(E)acceptance of responsibility for the conduct leadingto the discipline;

(c)(5)(F)a desire and intent to conduct one's self in anexemplary fashion in the future;

(c)(5)(G)treatment for and current control of any substanceabuse problem and/or psychological condition, if such were factors contributingto the disbarment or resignation; and

(c)(5)(H) positive action showingrehabilitation by such things as a person's occupation, religion, or communityor civic service. Merely showing that the Applicant is now living as and doingthose things she or he should have done throughout life, although necessary toprove rehabilitation, does not prove that the individual has undertaken auseful and constructive place in society.

Effective Date May 1, 2016