Category: -Rules Governing the Utah State Bar

USB14-0110 Proposed changes to 14-110 allow inactive Bar members to serve of all Bar committees.

USB14-0405 The changes to 14-405 clarify the rule that prohibits lawyers from switching from active to inactive and then back to active again within the same year in order to avoid MCLE compliance.

USB14-0508 Proposed changes to Rule 14-508 requires lawyers who are administratively suspended for three years or more for failure to pay license fees to reapply for re-enrollment.

USB14-0517 Proposed changes to 14-517(f) provide that a Bar a complaint against any lawyer employed by the Bar will be reviewed by the Ethics and Discipline Committee Chair or a special prosecutor rather than by the Office of Professional Conduct.

Supreme Court Order

USB14-803 Inactive lawyers providing legal services for legal services organizations; purposes. Amend. The changes to Rule 14-803 expand the scope of the rule to allow inactive Utah attorneys to provide pro bono legal services under the auspices of an approved sponsoring entity without the requirement of a supervising attorney. The rule has also been expanded to allow attorneys admitted in other jurisdictions, who are not admitted in Utah but living in Utah, to provide pro bono legal services under the rule.

Supreme Court Order

The following proposals address changes to the MCLE rules. The most substantive proposed change allows lawyers to receive up to six hours of live continuing legal education credit for attending live, interactive webcasts that are broadcast from a Utah state courthouse to a Utah state courthouse or from the Law and Justice Center to a Utah state courthouse. The proposals also address the requirements for active Bar members living outside of Utah and practicing in other jurisdictions. The majority of the changes correct grammar and inconsistencies with other Bar rules, as well as provide clarification.

USB 14-0401. Purpose. Amend.

USB 14-0402. Definitions. Amend.

USB 14-0403.  Establishment and Membership of Board. Amend.

USB 14-0404. Active status lawyers: MCLE, NLCLE and admission on motion requirements. Amend.

USB 14-0405. MCLE requirements for lawyers on inactive status. Amend.

USB 14-0406. MCLE requirements for lawyers on active military duty. Amend.

USB 14-0407. MCLE requirements for lawyers on active emeritus status. Amend.

USB 14-0408. Credit hour defined; application for approval. Amend.

USB 14-0409. Self-study categories of accredited MCLE defined. Amend.

USB 14-0410. Accreditation of MCLE; undue hardship and special accreditation. Amend.

USB 14-0411. Board accreditation of non-approved sponsor courses. Amend.

USB 14-0412. Presumptively approved sponsors; presumptive MCLE accreditation. Amend.

USB 14-0413. MCLE credit for qualified audio and video presentations; computer interactive telephonic programs; writing; lecturing; teaching; live attendance. Amend.

USB 14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement. Amend.

USB 14-0415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals. Amend.

USB 14-0416. Lawyers on active status not practicing law; certificate of exemption. Amend.

USB 14-0417. Miscellaneous fees and expenses. Amend.

Supreme Court Order.

USB 14-0503. Ethics and Discipline Committee. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, describes in general terms the responsibilities of the clerk of the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0504. OPC counsel. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, eliminates OPC’s responsibility for notice of disposition of matters. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0510. Prosecution and appeals. Amend. As part of the effort to remove responsibility for administrative support of the Ethics and Discipline Committee from OPC, assigns specific tasks performed by OPC to the clerk of the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.
USB 14-0533. Diversion. Amend. Removes the description of OPC acting as secretary to the Ethics and Discipline Committee. Effective January 27, 2016 under rule 11-105 of the Utah Code of Judicial Administration. Subject to change after the comment period.

Supreme Court Order (USB 14-503, USB 14-504, USB 14-510, USB 14-533)

The following proposals address changes to the Bar admissions rules. The proposed changes are primarily a reorganization of the current rules to make them easier for applicants to understand. Redundant sections of the rules were deleted and consolidated. There also are numerous changes proposed for consistency, form and clarification. Substantive changes include a change in the definition of “Active Practice” in Rule 14-701, the consolidation of all review procedures under Rule 14-715, and changes to timing of motions for admissions, the ceremony and taking of the oath of attorney in Rules 14-707 and 14-716.

USB14-701. Definitions. Amend.

USB14-703. Qualifications for admission of Student and Foreign Law School Applicants. Amend.

USB14-704. Qualifications for admission of Attorney Applicants. Amend.

USB14-705. Admission by motion. Amend.

USB14-706. Test accommodations. Amend.

USB14-707. Application; deadlines; withdrawals; postponements and fees. Amend.

USB14-708. Character and fitness. Amend.

USB14-709. Application denial. Amend.

USB14-710. Administration of the Bar Exam. Amend.

USB14-711. Grading and passing of the Bar Exam. Amend.

USB14-712. Qualifications for admission based on UBE. Amend.

USB14-715. Bar Examination appeals. Amend.

USB14-716. License fees; enrollment fees; oath and admission. Amend.

USB14-717. Readmission after resignation or disbarment of Utah attorneys. Amend.

USB14-718. Licensing of Foreign Legal Consultants. Amend.

USB14-719. Qualifications for admission of House Counsel applicants. Amend.

Supreme Court Order

USB 14-0807. Law student and law graduate legal assistance. Amend. Subject to some limitations, permits 2L and 3L students, as well as recent graduates within the year following graduation, to practice under the rule. Expands the areas in which students and graduates may practice. Effective January 6, 2016 under rule 11-105(5) of the Utah Code of Judicial Administration. Subject to change after the comment period.

Supreme Court Order.

USB 14-0301. Standards of Professionalism and Civility. Amend. Advises lawyers to educate themselves about the risks of using social media.
Supreme Court Order.

USB 14-0515. Access to disciplinary information. Amend. Allows access to disciplinary records without the waiver of the respondent in limited circumstances. Requires that those with access maintain the confidentiality of the records. Effective November 25, 2015 under Rule 11-105. Subject to change after the comment period.

Supreme Court Order.

USB 14-0510. Prosecution and appeals. Amend. Provides that a matter may be referred to the Professional Counseling Board. Gives the Office of Professional Conduct the right to appeal a screening panel decision. Makes technical changes.
Supreme Court Order.

USB 14-0533. Diversion. Amend. Changes a term on the committee from three years to four years. Effective May 23, 2014 under CJA 11-105. Subject to change after the comment period.
Supreme Court Order.