-Rules Governing the Utah State Bar – Page 2 – Utah Court Rules

Posted: July 15, 2022

Rules Governing the Utah State Bar – Effective August 1, 2022

USB14-0209. Utah Bar Foundation. REPEAL. The Utah Bar Foundation amended and restated its Articles of Incorporation and Bylaws and no longer has a defined membership. This rule is thus moot and is therefore repealed.

Background

The Utah Bar Foundation (UBF) was created in 1963 as a 501(c)(3) organization. Its original purpose was to raise funds from members of the legal community in order to support civil legal aid for lower-income Utahns, to fund law-related education, to further the administration of justice, and to support other worthwhile law-related causes.

Section 2.1 of UBF’s 1963 founding Bylaws stated the following: “Section 2.1 Classification, Qualification, Privileges and Election of Members. The corporation shall have one class of members consisting of all duly qualified, active members of the Utah State Bar who are in good standing. Each member shall have one (1) vote at any meeting of the members.” At some point many years ago, language in substantially the same form was codified in Rule 14-209.

UBF stopped raising private funds from the legal community in 1999 when nonprofit “and Justice for all” was created. “and Justice for all” now serves as the primary fundraising organization in the legal community.

Because UBF has evolved to receive financial support from a wide variety of sources and not solely from private legal community funds, the UBF Board held a meeting of its members to vote on proposed Amended and Restated Articles of Incorporation and Bylaws that would eliminate a defined membership. By removing the defined membership, now any active, inactive, and non-attorney with an interest in access to justice issues is eligible to serve on the Utah Bar Foundation Board of Directors. It also rendered moot the language of Rule 14-209.

The vote on the Amended and Restated Articles of Incorporation and Bylaws took place in December 2021. All duly qualified, active members of the Utah State Bar in good standing were invited to attend. Notice for that meeting was provided in the Utah Bar Journal and given via email to all qualified UBF members as their email addresses appeared on the records of the Utah State Bar.

Please contact the Foundation offices for any questions or additional information at 801-297-7046 or via email at kim@utahbarfoundation.org.

Supreme Court Order

Posted: July 14, 2022

Rules Governing the Utah State Bar – Effective August 1, 2022

USB14-0701. Definitions. AMEND.

In acknowledging the remote work environment created by the pandemic, amendments remove the requirement that “active practice” activities be performed in the jurisdiction in which the applicant is admitted.
Amendments also remove teaching full-time at an approved law school as an “active practice” activity in favor of creating an exception for this type of work under Rule 14-705, which is the admission by motion rule.

USB14-0705. Admission by motion. AMEND.

Amendments remove geographic restrictions for purposes of counting years of practice toward admission by motion requirements.
Amendments allow time in Utah to count toward time practicing in another jurisdiction so long as the lawyer has complied with Rule 5.5 of the Utah Rules of Professional Conduct.
Amendments reduce the amount of time a lawyer must have practiced in another jurisdiction from 60 months to 36 months.
Amendments also exempt full-time Utah law professors from the requirement of being engaged in the active full-time practice of law for the relevant time period, so long as they have worked at least 80 hours per month as a law professor during that time.

USB14-0712. Qualifications for admission based on UBE. AMEND.

Paragraph (c)(2) currently provides that a UBE score may be transferred up to 5 years after exam administration if the attorney applicant can prove that they have practiced for at least 2 ½ years.
Repeal of paragraph (c)(2) would bring the rule in line with Rule 14-705 amendments by funneling such applicants through the admission by motion process rather than the UBE score transfer process.

USB14-0809. Practice Pending Admission. AMEND.

Amendments to paragraph (c)(3) conform to Rule 14-705 amendments regarding geographic restrictions and time spent practicing.
Amendments also expand practice eligibility:
- from one year to eighteen months after certificate issuance, and
- from one failed Bar exam attempt to two failed Bar exam attempts.

Supreme Court Order

Posted: June 9, 2022

Rules Governing the Utah State Bar – Effective June 8, 2022

USB14-0807. Law school student and law school graduate legal assistance. AMEND.

Amendments extend law school graduate practice eligibility:
- from one year to eighteen months after graduation, and
- from one failed Bar exam attempt to two failed Bar exam attempts.
Amendments also fix a number of formatting issues, simplify language, and add headings for easier application.
New paragraph (g)(3)(G) provides that if a 14-807 practitioner substantially aids in the preparation of written materials in an appellate case, including briefs and memoranda, the supervising attorney may, at the attorney’s discretion, credit the 14-807 practitioner by including the practitioner’s name on the filing below the supervising attorney’s name.

Supreme Court Order

Posted: February 9, 2022

Rules Governing Licensed Paralegal Practitioners and Rules Governing the Utah State Bar – Effective May 1, 2022

URGLPP15-0701. Definitions. Amend. Clarifies the scope of practice within family law to include gender change petitions and common law marriage, as well as creates a definition for “Specialized Course of Instruction” and “Substantive Legal Course” used elsewhere in Rule 15-703.

URGLPP15-0703. Qualifications for licensure as a licensed paralegal practitioner. Amend. This rule has been revised to add relevant subheadings for ease of reading, as well as a substantive amendment permitting qualified academic credit to be applied toward an applicant’s substantive law-related experience hours requirement.

USB14-0802. Authorization to practice law. Amend. Mirrors the clarifications set forth in Rule 15-701 which define an LPP’s permitted areas of practice.

Supreme Court Order

Posted: January 4, 2022

Rules Governing the Utah State Bar – Effective May 1, 2022

USB14-0113. Paralegal Division. Amend. In the context of the Paralegal Division, rule amendments are intended to capture the interplay between Licensed Paralegal Practitioners (LPP’s) and non-Bar-licensed paralegals. The amendments may be summarized as follows:

A paralegal may also include an LPP as defined in Rule 14-101;
The certification requirements are waived for LPP’s joining the paralegal division;
The term “bar licensee” refers to both a lawyer and an LPP; and
An LPP may be a sponsor of a paralegal affiliate in the paralegal division.

Supreme Court Order

Posted: August 2, 2021

Rules Governing the Utah State Bar – Effective November 1, 2021

USB14-0802. Authorization to practice law. Amend. The rule will now allow an LPP to stand or sit with their client during a proceeding to provide emotional support, answer factual questions as needed that are addressed to the client by the court or opposing counsel, take notes, and assist the client to understand the proceeding and relevant orders. This amendment differs from what circulated for comment by clarifying and limiting the scope of the LPP’s assistance at counsel table.

Supreme Court Order

Posted: March 24, 2021

Rules Governing the Utah State Bar – Effective May 1, 2021

Changes include the following and the attached letter from David Hirschi, Chair of the MCLE Board. “The Supreme Court Board of Mandatory Continuing Legal Education is proposing changes to the MCLE Rules that govern licensed attorneys. For more information, please see the attached letter from David Hirschi, Chair MCLE Board.”

David Hirschi MCLE Letter

Posted: March 16, 2021

Rules Governing the Utah State Bar – Effective May 1, 2021

Changes allow domestic relations commissioners, retired and senior judges to serve on fee dispute panels. Changes also increase the jurisdictional amount from $3,000 to $10,000 for one lawyer to arbitrate a fee dispute. Other changes are proposed to include licensed paralegal practitioners in the fee dispute rules.

USB14-01101. Definitions.

USB14-01102. Purpose and composition of the committee.

USB14-01105. Selection of the arbitration panel; additional claims.

USB14-01107. Award; form; service of award; judicial confirmation of award.

USB14-01108. Relief granted by award; accord and satisfaction application to court; confidentiality; enforceability of award; claims of malpractice.

USB14-01114. Matters entitled to mediation.

Supreme Court Order

Posted: February 12, 2021

Rules Governing the Utah State Bar – Effective December 7, 2020

USB15-0703. Qualifications for Licensure as a Licensed Paralegal Practitioner. (AMEND). Rule 15-703 that has been approved by the court. Changes add a degree to the list of eligible educational requirements necessary for licensure and that National Certification will no longer be mandatory for each applicant, detailing which candidates are exempt from said certification.

Supreme Court Order

Posted: December 18, 2020

Utah Supreme Court Rules of Professional Practice: Office of Professional Conduct, Rules Governing the Utah State Bar, and Rules Governing Licensed Paralegal Practitioners – Effective December 15, 2020

The final rule changes reflect the recommended reforms to lawyer discipline and disability proceedings and sanctions contained in the American Bar Association/Office of Professional Conduct Committee’s Summary of Recommendations (October 2018).

Adoption of Chapter 11 article 5 rules:

General provisions

CJA11-0501. Lawyer disciplinary and disability proceedings: purpose, authority, scope, and structure.
CJA11-0502. Definitions.
CJA11-0503. Oversight Committee for the Office of Professional Conduct.
CJA11-0504. Jurisdiction.
CJA11-0505. Statute of limitations.

Ethics and Discipline Committee

CJA11-0510. Ethics and Discipline Committee composition.
CJa11-0511. Screening panel composition; responsibilities.
CJA11-0512. Respondent subpoena petitions.
CJA11-0513. Committee clerk.
CJA11-0514. Disclosure, recusal, and disqualification.

Office of Professional Conduct composition and responsibilities

CJA11-0520. Chief Disciplinary Counsel and OPC counsel.
CJA11-0521. OPC prosecutorial powers and duties.
CJA11-0522. Ethics advisory opinions.
CJA11-0523. OPC investigative subpoenas.
CJA11-0524. Retaining records.

Prosecution and appeals

CJA11-0530. Unprofessional conduct Complaints.
CJA11-0531. Proceedings before Committee and screening panels.
CJA11-0532. Exceptions to screening panel determinations and recommendations.
CJA11-0533. General procedures.
CJA11-0534. Final Committee disposition.
CJA11-0535. Appealing a final Committee determination to the Supreme Court.
CJA11-0536. Actions in district court.
CJA11-0537. Failure to answer charges.
CJA11-0538. Appointment of trustee to protect clients’ interest when Lawyer disappears, dies, is suspended or delicensed, or is transferred to disability status.
CJA11-0539. Costs.
CJA11-0540. Immunity from civil suits.
CJA11-0541. Service.
CJA11-0542. Additional rules of procedure.

Diversion

CJA11-0550. Diversion referrals, authority, and responsibilities.
CJA11-0551. Circumstances warranting diversion.
CJA11-0552. Diversion contract.
CJA11-0553. Respondent’s participation in diversion.
CJA11-0554. Terminating diversion.
CJA11-0555. Diversion Costs.

Discipline

CJA11-0560. Grounds for discipline.
CJA11-0561. Accessing disciplinary information.
CJA11-0562. Disseminating disciplinary information.
CJA11-0563. Interim discipline for threat of harm.
CJA11-0564. Finding of guilt or entry of a plea to a crime.
CJA11-0565. Discipline by consent.
CJA11-0566. Resignation with discipline pending.

CJA11-0567. Reciprocal discipline.
CJA11-0568. Proceedings in which Lawyer is declared to be incompetent or alleged to be incapacitated.
CJA11-0569. Noncompliance with child support order, child visitation order, subpoena or order relating to paternity, or child support proceeding.
CJA11-0570. Notice of disability or suspension; return of clients’ property; refund of unearned fees.

Sanctions

CJA11-0580. Purpose and nature of sanctions.
CJA11-0581. Sanctions.
CJA11-0582. Factors to be considered in imposing sanctions.
CJA11-0583. Imposition of Sanctions.
CJA11-0584. Reserved.
CJA11-0585. Reserved.
CJA11-0586. Reserved.
CJA11-0587. Prior discipline orders.
CJA11-0588. Aggravation and mitigation.

Reinstatement

CJA11-0590. Reinstatement following a suspension of no more than six months or probation.
CJA11-0591. Reinstatement following a suspension of more than six months; relicensure.

Repeal:

Repeal of Chapter 14 articles 5 and 6

Repeal of Chapter 15 articles 5 and 6

Repeal of Rule 11-501

Amending rules:

USB14-0102 . Regulating the practice of law.
USB14-0103. Bar organization and management.
USB14-0105. Proposing rules to regulate licensed lawyers,
licensed paralegal practitioners, and judicial officers.
USB14-0107. Duties of lawyers, foreign legal consultants,
and licensed paralegal practitioners.
USB14-0111. Practicing without a license prohibited.
USB14-0202. Bar’s purposes.
USB14-0207. Finances.
USB14-0208. Special rules and regulations.
USB14-0801. Definitions.
USB14-0904. Funding.
USB14-0912. Processing claims.
URGLPP15-0402. Definitions.
URGLPP15-0701. Definitions.

Supreme Court Order for adoption of Chapter 11, article 5 rules and repeal of Chapter 14, articles 5 and 6 and Chapter 15, articles 5 and 6

Supreme Court Order for amended Chapter 14 rules

Supreme Court Order for amended Chapter 15 rules