Rule14-718. Licensing of Foreign Legal Consultants.
(a) Requirements of Foreign LegalConsultants. The burden of proof is on the Applicant to establish by clear andconvincing evidence that the Applicant:
(a)(1) is a member in good standing ofa recognized legal profession in a foreign country, the members of which areadmitted to practice as attorneys or counselors at law or the equivalent andare subject to effective regulation and discipline by a duly constitutedprofessional body or a public authority; and
(a)(2) haspaid the prescribed fee and filed a Complete Application as a Foreign LegalConsultant Applicant;
(a)(3) is ofthe good moral character and satisfies the requirements of Rule 14-708;
(a)(4) intends to practice as a legalconsultant in this state and to maintain an office in this state for thatpurpose; and
(a)(5) has passed the MPRE.
(b) Proof required. An Applicant must filewith the Bar's Admissions Office:
(b)(1) a certificate from theprofessional body or public authority in such foreign country having finaljurisdiction over professional discipline, certifying as to the Applicant'sadmission to practice and the date, and the Applicant?s good standing as suchattorney or counselor at law or the equivalent;
(b)(2) a duly authenticated Englishtranslation of such certificate, if it is not in English; and
(b)(3) such other evidence as to theApplicant's educational and professional qualifications, good moral characterand general fitness, and compliance with the requirements of this rule as theBar may require.
?(c) Scope of practice. A person licensed topractice as a Foreign Legal Consultant under this rule may render legalservices in this state with respect to the law of the foreign county in whichsuch person is admitted to practice law. The Foreign Legal Consultant may notviolate any provision of Rule 14-802 and may not:
(c)(1) appear for a person other thanherself or himself as attorney in any court, or before any magistrate or otherjudicial officer, in Utah other than as permitted under Rule 14-802 or uponqualified admission pro hac vice pursuant to Rule 14-806; or
?(c)(2) render professional legal advice on thelaw of this state or of the United States;
(c)(3) be, or in any way hold herselfor himself out as a member of the Bar; or
(c)(4) carryon practice under, or use in connection with such practice, any name, title ordesignation other than the following:
(c)(4)(A) theForeign Legal Consultant?s own name;
(c)(4)(B) the name of the law firm orother entity with which the Foreign Legal Consultant is affiliated, in eachcase only in conjunction with the title "Foreign Legal Consultant" asset forth below;
(c)(4)(C) the Foreign LegalConsultant?s authorized title in the foreign country in which the Foreign LegalConsultant is admitted to practice, in each case only in conjunction with thetitle "Foreign Legal Consultant" as set forth below; and
(c)(4)(D) the title "Foreign LegalConsultant," which must be used in conjunction with the words ?admitted tothe practice of law only in [name of the foreign country in which the ForeignLegal Consultant is admitted ?topractice].?
(d) Rights and obligations. A personlicensed as a Foreign Legal Consultant will be considered a lawyer affiliatedwith the Bar as permitted by this rule and will be entitled and subject to:
(d)(1) the rights and obligations setforth in the Utah Rules of Professional Conduct or arising from the otherconditions and requirements that apply to a member of the Bar under rulesadopted by the Supreme Court; and
(d)(2) attorney-client privilege,work-product privilege and similar professional privileges.
(e) Subject to disciplinaryproceedings. A person licensed to practice as a Foreign Legal Consultant issubject to professional discipline in the same manner and to the same extent asmembers of the Bar and specifically is subject to discipline by the SupremeCourt as delegated by rule and is otherwise governed by the Utah Rules ofProfessional Conduct, the rules of ?Lawyer Discipline and Disability, the Standardsfor Imposing Lawyer Sanctions, and other applicable Supreme Court rules.
(f) Requirements for licensure. Everyperson licensed to practice as a Foreign Legal Consultant must:
(f)(1) attendthe OPC ethics school before receiving a license to practice as a Foreign LegalConsultant, and;
(f)(2) must execute and file with theBar, in such form and manner as the Supreme Court may prescribe:
(f)(2)(A) their understanding of, andcommitment to observe, the Utah Rules of Professional Conduct and the otherrules adopted by the Supreme Court, and to the extent applicable to the legalservices authorized under paragraph (c) of this rule;
?(f)(2)(B) written notice to the OPC of anychange in the Foreign Legal Consultant?s membership status, good standing, orauthorization to practice law in any jurisdiction where licensed, including thecommencement of all formal disciplinary proceedings and of all finaldisciplinary actions taken in any other jurisdiction.
?(g) License fees. A person licensed as aForeign Legal Consultant must pay annual license fees equal to the fees paid bya member of the Bar on Active status.
(h) Revocation of license. If ?a licensed Foreign Legal Consultant no longermeets the requirements for licensure set forth in paragraph (a) or (g), theirlicense will be revoked following the procedures set forth in the Rules forLawyer Discipline and Disability, and the Standards for Imposing LawyerSanctions.
(i) Admission to Bar. If a ForeignLegal Consultant is subsequently admitted as a member of the Bar under Chapter14, Article 7, Admission to the Utah State Bar, the license granted to suchperson to practice law as a member of the Bar supersedes the Foreign LegalConsultant license.
Effective September1, 2020.