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Rule 5.5. Unauthorized practice of law; multijurisdictional practice of law.

(a) A licensed paralegal practitionershall not provide legal services in a jurisdiction or in a manner that is inviolation of the regulation of the legal profession in that jurisdiction, orassist another in doing so.

(b) A licensed paralegal practitioner whois not admitted to provide legal services in this jurisdiction shall not:

(b)(1) except as authorized by these Rulesor other law, establish an office or other systematic and continuous presencein this jurisdiction for the purpose of providing legal services; or

(b)(2) hold outto the public or otherwise represent that the licensed paralegal practitioneris admitted to practice law or otherwise provide legal services in thisjurisdiction.

 

Comment

[1] A licensed paralegal practitioner mayprovide legal services only in a jurisdiction in which the licensed paralegalpractitioner is authorized to provide such services. A licensed paralegalpractitioner may be admitted to provide legal services in a jurisdiction on aregular basis or may be authorized by court rule or order or by law to practicefor a limited purpose or on a restricted basis. Paragraph (a) applies tounauthorized practice of law by a licensed paralegal practitioner, whetherthrough the licensed paralegal practitioner?s direct action or by the licensedparalegal practitioner?s assisting another person. For example, a licensedparalegal practitioner may not assist a person in practicing law in violationof the rules governing professional conduct in that person?s jurisdiction.

[2] The definition of the practice of lawis established by law and varies from one jurisdiction to another. The"practice of law" in Utah is defined in Rule 14-802(b)(1), Authorization to Practice Law, of the Supreme CourtRules of Professional Practice.

[2a]-[3]Reserved.

[4] Other than as authorized by law orthis rule, a licensed paralegal practitioner who is not admitted to practicegenerally in this jurisdiction violates paragraph (b)(1) if the licensedparalegal practitioner establishes an office or other systematic and continuouspresence in this jurisdiction for the purpose of providing legal services.Presence may be systematic and continuous even if the licensed paralegal practitioneris not physically present here. Such a licensed paralegal practitioner must nothold out to the public or otherwise represent that he or she is admitted topractice law in this jurisdiction or is otherwise allowed to provide legalservices. See also Rules 7.1(a) and 7.5(b).

[5]-[21]Reserved.

 

Effective November 1, 2018