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Rule 14-809. Practice Pending Admission

(a) For purposes of this rule:

(a)(1) ?Active supervision? means:

(a)(1)(A)participating in and sharing responsibility for the representation of the

client;

(a)(1)(B)ensuring that the lawyer being supervised conforms to the Rules of

ProfessionalConduct and the Standards of Professionalism and Civility and assuming responsibility for anyviolation of the Rules of Professional Conductby the lawyer being supervised; and

(a)(1)(C) making sufficient efforts to prevent anyerrors or misconduct on the part

of thelawyer being supervised and taking immediate action to avoid or mitigate

theconsequences of any errors or misconduct thatoccur;

(a)(2) ?Bar? means the Utah State Bar;

(a)(3)?Unlicensed lawyer? means a lawyer not licensed in Utah but licensed and in good standing in another UnitedStates jurisdiction; and

?(a)(4) ?Utah law firm? means anentity with an office in Utah consisting of

one or moreUtah licensed lawyers lawfully engaged in the practice of law.

(b) Anunlicensed lawyer with a pending application to the Bar may provide legal

services in Utah through an office or other systematic andcontinuous presence provided that heor she meets the requirements of this rule.

(c) To practice under this rule an unlicensed lawyer must:

(c)(1)reasonably expect to satisfy each requirement for admission by clear and

convincingevidence as an Attorney Examination Applicant under Rule 14-704 or as a Motion Applicant under Rule14-705;

(c)(2) havesubmitted to the Bar a complete application as defined in Rule 14-

701(l) tosit for the Utah Bar Examination or to be admitted by motion;

(c)(3) havepracticed law full-time in a jurisdiction where licensed for 60 of the 84

monthsimmediately preceding the filing of the application for admission;

(c)(4) have graduated from an ABA-approved law school;

(c)(5) havesubmitted a Practice Pending Admission Request Form to the Bar

with theappropriate fee;

(c)(6) havepassed a preliminary character and fitness review as prescribed by

theCharacter and Fitness Committee;

(c)(7) have received from the Bar a Practice PendingAdmission Certificate;

(c)(8) have an active law license in a U.S. jurisdiction;

(c)(9) bein good standing in all courts and jurisdictions in which he or she is

admitted to practice;

(c)(10) be affiliated with a Utah law firm and actively supervisedby a licensed

Utah lawyeraffiliated with the same law firm;

(c)(11) not have been subject to an order of attorney disciplinewithin the preceding 84 months andnot be subject to a pending grievance, complaint,disciplinary or disability investigation in any jurisdiction;

(c)(12) not have been previously denied admission to practice law on character and fitness grounds in anyjurisdiction; and

(c)(13) inform all clients that the unlicensed lawyer is notlicensed in Utah and

affirmativelystate in all written communications with the public, clients and other

?attorneys the following language:?Practice in Utah authorized from [date] to

[date]under Rule 14-809 of the Rules Governing the Utah State Bar. Supervised by [name of Utah attorney], amember of the Utah State Bar?.

(d) Eligibility to practice under this rule terminatesupon the earlier occurrence of:

(d)(1) the Bar?s admissions office?s or character and fitness committee?s decision

to defer ornot to approve the unlicensed lawyer?s application;

 

(d)(2) thelapse of one year from the issuance of the Practice Pending Admission

Certificate;

(d)(3) the unlicensed lawyer failing the Utah Bar Examination;

(d)(4) the unlicensed lawyer withdrawing his or herapplication for admission; or

(d)(5) the unlicensed lawyerfailing to remain in compliance with subsections(c)(8) through (c)(13).

(e) Uponthe termination of eligibility under (d), the unlicensed lawyer must immediately cease practicing law inUtah, and within ten days must:

?(e)(1) provide written notice tothe Bar?s admissions office of the circumstances

causing thetermination of eligibility;

(e)(2)provide written notice to all courts, clients and opposing counsel in pending matters of the unlicensed lawyer?s termination of authority to practice law in Utah; and

(e)(3) in order to protect the interest of his or her clients,transfer all files to the

supervising attorney or other Utah licensed lawyer.

(f) The Bardoes not have the authority to waive, modify, or extend any of the

requirementsor time limitations in this rule.

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EffectiveMay 1, 2018