Category: USB14-0712

Rules Governing the Utah State Bar – Comment Period Closed May 7, 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.

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.
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Rules Governing the Utah State Bar – Comment Period Closed July 2, 2020

Reason for changes

Changes to the rules reflect that OPC is now under the supervision of the OPC Oversight Committee. The requirement that attorneys admitted on motion attend the OPC Ethics School has been removed. A definition for “formerly admitted applicant” has been added. In Rule 14-712(c)(1), the time permitted to transfer a UBE score has been extended from 24 to 36 months. Other changes include cleanup of typographical and numbering errors.

USB14-0701. Definitions.

USB14-0705. Admission by motion.

USB14-0707. Application: deadline; withdrawals; postponements and fees.

USB14-0708. Character and fitness.

USB14-0711. Grading and passing of the Bar Examination.

USB14-0712. Qualifications for admission based on UBE.

USB14-0714. Unsuccessful Applicants: disclosure and right of inspection.

USB14-0716. License fees; enrollment fees; oath and admission.

USB14-0717. Readmission after resignation or disbarment of Utah attorneys.

USB14-0718. Licensing of Foreign Legal Consultants.

USB14-0719. Qualifications for admission of House Counsel Applicants.

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Bar Admissions Rules

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.
USB 14-0701. Definitions. Amend.
USB 14-0703. Qualifications for admission of Student and Foreign Law School Applicants. Amend.
USB 14-0704. Qualifications for admission of Attorney Applicants. Amend.
USB 14-0705. Admission by motion. Amend.
USB 14-0706. Test accommodations. Amend.
USB 14-0707. Application; deadlines; withdrawals; postponements and fees. Amend.
USB 14-0708. Character and fitness. Amend.
USB 14-0709. Application denial. Amend.
USB 14-0710. Administration of the Bar Exam. Amend.
USB 14-0711. Grading and passing of the Bar Exam. Amend.
USB 14-0712. Qualificatons for admission based on UBE. Amend.
USB 14-0715. Bar Examination appeals. Amend.
USB 14-0716. License fees; enrollment fees; oath and admission. Amend.
USB 14-0717. Readmission after resignation or disbarment of Utah attorneys. Amend.
USB 14-0718. Licensing of Foreign Legal Consultants. Amend.
USB 14-0719. Qualifications for admission of House Counsel Applicants. Amend.

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Rules Governing the Utah State Bar

USB 14-0510. Prosecution and appeals. Amend. Allows OPC to refer matters to the Professionalism Counseling Board established pursuant to Supreme Court Standing Order No. 7. Allows OPC to appeal screening panel determinations and recommendations. Authorizes the chair of the Ethics & Discipline Committee to increase a sanction imposed by a screening panel.
USB 14-0515. Access to disciplinary information. Amend. Allows direct communication between OPC, members of the Ethics and Discipline Committee and the Professionalism Counseling Board.

Petition to Adopt the Uniform Bar Exam Substantive and technical amendments to multiple rules to adopt the Uniform Bar Exam in Utah.
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
USB 14-0701. Definitions.
USB 14-0702. Board – general powers.
USB 14-0703. Qualifications for admission of Student and Foreign Law School Applicants.
USB 14-0704. Qualifications for admission of Attorney Applicants.
USB 14-0705. Admission by Motion.
USB 14-0706. Test accommodations.
USB 14-0707. Application; deadlines; withdrawals; postponements and fees.
USB 14-0708. Character and fitness.
USB 14-0709. Application denial.
USB 14-0710. Administration of the Bar Examination.
USB 14-0711. Grading and passing of the Bar Examination.
USB 14-0712. Qualifications for admission based on UBE.
USB 14-0713. MPRE.
USB 14-0714. Unsuccessful Applicants: disclosure and right of inspection.
USB 14-0715. Bar Examination appeals.
USB 14-0716. License fees; enrollment fees; oath and admission.
USB 14-0717. Readmission after resignation or disbarment of Utah attorneys.
USB 14-0718. Licensing of Foreign Legal Consultants. Renumber from 14-805 and amend.
USB 14-0719. Qualifications for admission of House Counsel Applicants. Renumber from 14-720 and amend.
USB 14-0720. Confidentiality. Renumber from 14-719 and amend.
USB 14-0805. Reserved.

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