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Rule 14-719

Rule 14-719. Qualifications for admission of House Counsel Applicants.

(a)Scope of practice. An attorney admitted to the Bar as House Counsel shall limither or his practice of law including legal representation to the business ofher or his employer. However, House Counsel can provide pro bono legal servicesunder the auspices of an approved sponsoring entity consistent with Rule 14-803of the Utah Rules of Lawyer Discipline and Disability. House Counsel shall not:

(a)(1)Appear before a court of record or not of record as an attorney or counselor inthe State of Utahexcept as otherwise authorized by law or rule; or

(a)(2)Offer legal services or advice to the public or hold herselfor himself out as being so engaged or authorized. An attorney granted a HouseCounsel license is not prevented from appearing in any matter pro se,performing pro bono services under Rule 14-803, or from fulfilling the dutiesof a member of the active or reserve components of the armed forces or theNational Guard.

(b)Requirements of House Counsel Applicants. To be recommended for admission tothe Bar as House Counsel, a person must establish by clear and convincingevidence that she or he:

(b)(1)has filed a Complete Application for admission andpaid the prescribed application fee;

(b)(2)is at least 21 years old;

(b)(3)graduated with a First Professional Degree in law froman Approved LawSchool, or from an Unapproved LawSchool located within a U.S. state, territory or the District of Columbia;

(b)(4)is licensed to practice law and in active status in a U.S. state, territory or the District of Columbia;

(b)(5)either (A) is a bona fide resident of the State of Utah or (B) maintains an office as the employer's housecounsel within the State of Utah;

(b)(6)is employed and practices law exclusively as house counsel for anon-governmental corporation, its subsidiaries or affiliates, an association, abusiness, or other legal entity whose lawful business consists of activitiesother than the practice of law or the provision of legal services;

(b)(7)has provided an affidavit signed by both the Applicant and the employer thatthe Applicant is employed exclusively as house counsel and that Applicant hasdisclosed to the employer the limitations on House Counsel's license of practicingunder this rule;

(b)(8)is of good moral character and satisfies therequirements of Rule 14-708;

(b)(9)has presented satisfactory proof both of admission tothe practice of law and that she or he is a member in good standing in alljurisdictions where currently admitted;

(b)(10)has a proven record of ethical, civil and professionalbehavior and has never been disbarred or resigned with discipline pending, ortheir equivalent, in any jurisdiction, and is not currently subject to lawyerdiscipline or the subject of a pending disciplinary matter;

(b)(11)has received a passing MPRE score; and

(b)(12)has complied with the oath and enrollment provisionsof Rule 14-716 and paid the licensing fees required for active status.

(c)Timing of application and admission. An application under this rule may befiled at any time but the Applicant must be able to demonstrate that she or hesatisfies the requirements of this rule as of the date the application isfiled.

(c)(1)The processing of the application and the character and fitness investigationrequire a minimum of four months to complete.

(c)(2)Upon approval the Applicant must comply with the provisions of Rule 14-716concerning licensing and enrollment fees.

(c)(3)A person licensed as House Counsel shall pay annual license fees which shall beequal to the fees required to be paid by a member of the Bar on Active status.

(d)Unauthorized practice of law.

(d)(1)It is the unauthorized practice of law for an attorney not licensed in Utah to practice law inthe state except as otherwise provided by law.

(d)(2)An attorney who complies with the requirements of subsection (b)(1) may provide services to an employer in Utah while theapplication is pending as long as the application is filed within six months ofthe out-of-state attorney accepting a house counsel position.

(d)(3)An attorney who provides legal advice to her or his employer but is not anactive member of the Bar or licensed as House Counsel pursuant to this rule maybe referred for investigation for the unauthorized practice of law.

(e)Continuing legal education requirement. House Counsel shall pay the designatedfiling fee and file with the MCLE Board by July 31 ofeach year a Certificate of Compliance from the jurisdiction where House Counselmaintains an active license establishing that she or he has completed the hoursof continuing legal education required of active attorneys in the jurisdictionwhere House Counsel is licensed;

(f) Subject to disciplinary proceedings. A person licensed asHouse Counsel shall be subject to professional discipline in the same mannerand to the same extent as members of the Bar and specifically shall be subjectto discipline by the Supreme Court as delegated by rule and shall otherwise begoverned by Chapter 13, the Rules of Professional Conduct, Chapter 14 Article5, Lawyer Discipline and Disability, Article 6, Standards for Imposing LawyerSanctions, and other applicable rules adopted by the Supreme Court, and allapplicable statutory provisions.

(g)Notification of change in standing.

(g)(1)House Counsel shall execute and file with the Licensing Office a written noticeof any change in that person's membership status, good standing orauthorization to practice law in any jurisdiction where licensed.

(g)(2)House Counsel shall execute and file with the OPC a written notice of thecommencement of all formal disciplinary proceedings and of all finaldisciplinary actions taken in any other jurisdiction.

(h) No Solicitation. House Counsel is not authorized by anythingin this rule to hold out to the public or otherwise solicit, advertise, orrepresent that he or she is available to assist in representing the public inlegal matters in Utah.

(i)Cessation of activity as house counsel. A House Counsel license terminates andthe House Counsel shall immediately cease performing all services under thisrule and shall cease holding herself or himself out as House Counsel upon:

(i)(1) termination of employmentwith the qualified employer as provided in subsection (b)(6);

(i)(2) termination of residence, orthe maintenance of his or her office in the State of Utah as provided in subsection (b)(5);

(i)(3) failure to maintain active status in a sister state orUnited States territory or the District of Columbia, or to satisfy the Bar'sannual licensing requirements, including compliance with mandatory continuinglegal education requirements as provided for in this rule;

(i)(4) completion of anydisciplinary proceeding in Utahor any other jurisdiction, which warrants suspension or termination of theHouse Counsel license.

?(j) Reinstatement after temporary lapse inlicense. An attorney whose House Counsel license is terminated pursuant tosubsection (j)(1), (j)(2), or (j)(3) shall bereinstated to practice law as a House Counsel if within six months from thetermination the attorney is able to demonstrate to the Admissions Office thatshe or he has:

(j)(1)transferred to inactive status in accordance withsubsection (l); or

(j)(2)employment with a qualified employer and has providedthe required verification of employment pursuant to subsection (b)(7);

(j)(3)established a residence or maintains an office for thepractice of law as House Counsel for the employer within the State of Utah; and

(j)(4)active status in a U.S.state, territory or the District of Columbia and has complied with the Bar's annuallicensing and MCLE requirements for House Counsel.

(k)Inactive status. House Counsel who is not currently practicing may transfer toinactive status under Rule 14-203(a)(4). Doing so willprevent the lapse of the license as long as the inactive status is maintained.

(k)(1)Inactive House Counsel may return to active status upon demonstration ofcompliance with requirements (j)(1) through (j)(4) andpayment of the necessary fees in accordance with Rule 14-203(b).

(l)Notice of change of employment. House Counsel shall notify, in writing, theLicensing Office of the termination of the employment pursuant to which theHouse Counsel license was issued.

(m)Full admission to the Utah State Bar. A House Counsel license will beterminated automatically once the attorney has been otherwise admitted to thepractice of law in Utahas an active member of the Bar. Any person who has been issued a House Counsellicense may qualify for full membership by establishing by clear and convincingevidence that she or he:

?(m)(1) has applied as an Attorney Applicant orMotion Applicant by filing a Complete Application; any application must befiled in accordance with the filing deadlines set for in Rule 14-707(b);

(m)(2)has successfully passed the Bar Examination under Rule14-704, has transferred a passing UBE score under Rule 14-712, or qualifies foradmission under Rule 14-705. Time spent in Utah practicing as House Counsel orperforming pro bono services does not qualify an attorney for admission underRule 14-705; and

?(m)(3) has compliedwith the provisions of Rule 14-716 concerning licensing and enrollment fees.

Effective Date May 1, 2016