Rule 14-808. New lawyer training program.
(a) Applicability. All new lawyers admitted to practice law inUtah on active status must timely complete the requirements of the Bar?s NLTPunless otherwise specified in this rule.
(a)(1) It is the new lawyer's responsibility to ensure that allaspects of the NLTP requirements are met within the required 12 month period inorder to renew licensure. This includes but is not limited to filing aMentoring Completion Certification executed by the assigned mentor attesting tosuccessful completion of the NLTP.
(a)(2) The NLTP is intended to fulfill the requirements of newlawyer MCLE within the first year of the lawyer?s two-year compliance period.The remaining 12 hours required in the two year compliance cycle may be fulfilledat any time by attending other accredited CLE in accordance with the MCLErules.
(b) Appointment of qualified mentors. The
(c)(1) Those newly admitted lawyers serving judicial lawclerkships may apply for temporary deferral at the Bar?s NLTP office untilcompletion of the clerkship. Upon completion of the clerkship, the lawyer mustenroll and complete the NLTP's requirements in a 12 month period.
(c)(2) Those newly admitted lawyers who are otherwise not engagedin the practice of law as defined by Supreme Court rules or who are unemployedmay petition the NLTP offices for temporary deferral of these requirements.
(d) Exemptions. Those lawyers exempt from completing the NLTP arelimited to:
(d)(1) Newly admitted lawyers on active statuswho do not reside in Utah. Such lawyers are required to fulfill MCLErequirements in their state of residency under the Supreme Court's approvedMCLE rules.
(d)(2) Newly admitted Utah lawyers who have been admitted onactive status who have practiced law elsewhere for two years or more.
(e) Cost. There is a fee associated with enrollment in the NLTP of$300. One half of the amount is due at time of enrollment after admission andthe remainder at time of completion of the program.
(f) Administrative suspension and non-renewal of license fornon-compliance. Unless otherwise approved by the NLTP office for good cause,failure to timely complete the program will result in administrative suspensionof the lawyer?s license for non-compliance with this rule.
(g) NLTP curriculum and other information. The Bar has developed aproposed NLTP Manual which delineates the requirements that must be completedduring the 12 month period. The Manual also includes a Model Mentoring Plan, atime line, necessary forms and suggestions for developing effective mentoringrelationships. The proposed NLTP Manual may be found by contacting the Bar oron the Bar?s website.
(h) Conflicts and confidentiality in outside mentoring.
(h)(1) The outside mentor may provide or the new lawyer may seekshort-term limited guidance or counsel, within the mentoring relationship,without expectation by either lawyer or the new lawyer?s client(s) that alawyer-client relationship has been formed or that representation is beingprovided in the matter by the mentoring attorney.
(h)(2) Where practical the new lawyer and the mentor shall discussnew lawyer client specific issues in hypothetical terms. If hypothetical termsare not practical under the circumstances as determined by the lawyers, alawyer providing or seeking short-term limited guidance or counsel within thementoring relationship is not subject to the Utah Rules of Professional Conductregarding Confidentiality of Information because the disclosure is impliedlyauthorized under the circumstance and is necessary to carry out the purposes ofthe NLTP.
(h)(3) To facilitate the goals and purposes of the NLTP, thementoring lawyer is not required to run a conflict check when guidance orcounsel is being provided on a short-term limited basis to a new lawyerregarding a new lawyer?s client. In this respect, the mentoring lawyer?sguidance or counsel, provided on a short-term limited basis to a new lawyerregarding a new lawyer?s client, is not subject to Utah Rules of ProfessionalConduct regarding Conflict of Interest: Current Clients; Conflict of Interest:Current Clients: Specific Rules; Duties to Former Clients; Imputation ofConflicts of Interest: General Rule; and Special Conflicts of Interest forFormer and Current Government Employees. However, the mentor may exercise hisor her judgment as to whether a conflict check is advisable.
(h)(4) Subsections (h)(1)-(3) do not apply to lawyers who areoutside mentors providing, or new lawyers seeking, counsel or guidance on anon-going or regular basis relating to the needs of or litigation regarding aspecific client, within the context of the mentoring relationship. If thelawyers are engaged in on-going or regular guidance or counsel related to aspecific client or clients, then the mentoring lawyer must comply with therelevant Utah Rules of Professional Conduct, which may require the lawyers toobtain informed consent from the client and/or to formally enter into a lawyer-clientrelationship through the execution of an appropriate engagement letter and feeagreement.