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Rule 14-718

Rule 14-718. Licensing ofForeign Legal Consultants.

(a)Requirements of Foreign Legal Consultants. The burden of proof is on theApplicant to establish by clear and convincing evidence that she or he:

(a)(1)is a member in good standing of a recognized legal profession in a foreigncountry, the members of which are admitted to practice as attorneys orcounselors at law or the equivalent and are subject to effective regulation anddiscipline by a duly constituted professional body or a public authority; and

(a)(2)has paid the prescribed fee and filed a CompleteApplication as a Foreign Legal Consultant Applicant;

(a)(3)is of the good moral character and satisfies therequirements of Rule 14-708;

(a)(4)intends to practice as a legal consultant in this stateand to maintain an office in this state for that purpose; and

(a)(5)has passed the MPRE.

(b)Proof required. An Applicant shall file with the Bar's Admissions Office:

(b)(1)a certificate from the professional body or publicauthority in such foreign country having final jurisdiction over professionaldiscipline, certifying as to the Applicant's admission to practice and thedate, and as to her or his good standing as such attorney or counselor at lawor the equivalent;

(b)(2)a duly authenticated English translation of suchcertificate, if it is not in English; and

(b)(3)such other evidence as to the Applicant's educationaland professional qualifications, good moral character and general fitness, andcompliance with the requirements of this rule as the Bar 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. She or he shall not violate anyprovision of the Rule 14-802 and shall not:

(c)(1)appear for a person other than herself or himself as attorney in any court, orbefore any magistrate or other judicial officer, in Utah other than aspermitted under Rule 14-802 or upon qualified admission pro hacvice 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 herself or himself out as amember of the Bar; or

(c)(4)carry on her or his practice under, or utilize inconnection with such practice, any name, title or designation other than thefollowing:

(c)(5)(A)her or his own name;

(c)(5)(B)the name of the law firm or other entity with whichshe or he is affiliated, in each case only in conjunction with the title"Foreign Legal Consultant" as set forth below;

(c)(5)(C)her or his authorized title in the foreign country of her or his admission topractice, in each case only in conjunction with the title "Foreign LegalConsultant" as set forth below; and

(c)(5)(D)the title "Foreign Legal Consultant", whichshall be used in conjunction with the words ?admitted to the practice of lawonly in [name of the foreign country or her or his admission to practice].?

(d)Rights and obligations. Subject to the limitations set forth in paragraph (d),a person licensed as a Foreign Legal Consultant shall be considered a lawyeraffiliated with the Bar as permitted by this rule and shall be entitled andsubject to:

(d)(1)the rights and obligations set forth in the Utah Rules of Professional Conductor arising from the other conditions and requirements that apply to a member ofthe Bar under rules adopted by the Supreme Court; and

?(d)(2) attorney-client privilege, work-productprivilege and similar professional privileges.

(e) Subject to disciplinary proceedings. A person licensed topractice as a Foreign Legal Consultant shall be subject to professionaldiscipline in the same manner and to the same extent as members of the Bar andspecifically shall be subject to discipline by the Supreme Court as delegatedby rule and shall otherwise be governed by Chapter 13, the Utah Rules ofProfessional Conduct, Chapter 14, Article 5, Lawyer Discipline and Disability,Article 6, Standards for Imposing Lawyer Sanctions, and other applicable rulesadopted by the Supreme Court.

(f)Requirements for licensure. Every person licensed to practice as a ForeignLegal Consultant:

(f)(1)prior to receiving a license to practice as a ForeignLegal Consultant, shall attend the Bar?s OPC ethicsschool;

(f)(2)shall execute and file with the Bar, in such form andmanner as the Supreme Court may prescribe:

(f)(2)(A)her or his understanding of, and commitment to observe, the Utah Rules ofProfessional Conduct and the other rules adopted by the Supreme Court, and tothe extent applicable to the legal services authorized under paragraph (c) ofthis rule;

????? (f)(2)(B) written notice to the OPC of any change in her or hismembership status, good standing or authorization to practice law in anyjurisdiction where licensed, including the commencement of all formaldisciplinary proceedings and of all final disciplinary actions taken in anyother jurisdiction.

?(g) License fees. A person licensed as aForeign Legal Consultant shall pay annual license fees which shall be equal tothe fees required to be paid by a member of the Bar on Active status.

(h) Revocation of license. In the event that a personlicensed as a Foreign Legal Consultant no longer meets the requirements forlicensure set forth in paragraph (a) or (g), her or his license shall berevoked following the procedures set forth in Chapter 14, Article 5, LawyerDiscipline and Disability, and Article 6, Standards for Imposing LawyerSanctions.

(i)Admission to Bar. In the event that a person licensed as aForeign Legal Consultant is subsequently admitted as a member of the Bar underChapter 14, Article 7, Admission to the Utah State Bar, the license granted tosuch person shall be deemed superseded by the license granted to such person topractice law as a member of the Bar.

Effective Date May 1, 2016