-Rules Governing the Utah State Bar – Utah Court Rules

Posted: October 31, 2024

Supreme Court Rules of Professional Practice – Effective November 1, 2024

The purpose of these new rules is to align the governance structure of the Office of Legal Services Innovation and Legal Services Innovation Committee with the rule-based governance structures the Supreme Court uses to manage the Utah State Bar, Board of Mandatory Continuing Legal Education, and the Office of Professional Conduct. These new chapters do not amend or alter any existing practices or authorizations.

LSIR11-701. Purpose. New.

LSIR11-702. Composition. New.

LSIR11-703. Disclosure, Recusal, and Disqualification. New.

LSIR11-704. Office and Committee Powers. New.

LSIR11-705. Entity Data. New.

Supreme Court Order

Posted: August 22, 2024

Supreme Court Rules of Professional Practice – Effective August 14, 2024

USB14-0810. New. This rule was published for public comment on May 28, 2024 as Rule 11-706. The Supreme Court has decided to place this rule in Chapter 14 instead of Chapter 11. The Supreme Court is republishing this rule for public comment because of edits made after the previous public comment period.

Supreme Court Order

Posted: August 21, 2024

Notice of Approved MCLE Rule Amendments – Effective November 1, 2024

MCLE Rule Amendments. Several housekeeping changes which correctly identify “paralegal practitioners” as “licensed paralegal practitioners”; resolve questions raised by the Court during discussions on previously proposed changes; update, correct and clarify various provisions; and make rules for readmission after MCLE suspensions consistent with Court rules governing readmission after other types of administrative suspensions.

Please note that there were no changes to MCLE Rule 11-607, and 11-608.

Supreme Court Order

Posted: April 11, 2024

Rules Governing the Utah State Bar and Rules of Professional Practice – Effective May 1, 2024

Move the Mandatory Continuing Legal Education Rules from Chapter 14, Article 4 to Chapter 11 in a new Article 6; to repeal Chapter 14, Article 4; to then renumber rules referenced in the new Article 6; Moving the article from the chapter entitled “Rules Governing the Utah State Bar, to the chapter entitled “General Provisions will help to distinguish the responsibility of the Court from the activities of the Bar.

Article 6; Clarify Board governance and make duties more transparent; The new rule includes “the Director” in the definitions, with a description that will help to clarify that the Director is appointed by the Court and supervised by the Board.

Expanding the definition of accredited “Professionalism and Civility CLE” to include instruction on Well-being and law practice management; incorporating the term “substance use disorder” and “instruction on equal access to justice, fairness, and respect for others.”

Increasing the time from six months to twelve months that lawyers and paralegal practitioners may remain on inactive status before changing to active status without complying with the annual CLE requirements.

Technical amendments clarifying that the total number of Board members is ten, excluding any additional emeritus members; and formalizing that a quorum for taking action is six.

Chapter 14 Article 4

USB14-0401. Purpose. Amend.

USB14-0402. Definitions. Amend

USB14-0403. Establishment and membership of Board. Amend

USB14-0404. Active status lawyers MCLE, NLTP, admission on motion, multi-state compliance reciprocity, house counsel and UBE requirements; MCLE requirements for Paralegal Practitioners. Amend.

USB14-0405. MCL requirements for lawyers and paralegal practitioners on inactive status. Amend.

USB14-0406. MCL requirements for lawyers on active military duty and lawyers who are spouses of active military members stationed in Utah. Amend.

USB14-0407. MCL requirements for lawyers on active emeritus status. Amend.

USB14-0408. Credit hour defined; application for approval. Amend.

USB14-0409. Categories of Elective CLE defined. Amend.

USB14-0410. Accreditation of MCLE; undue hardship and special Accreditation. Amend.

USB14-0411. Board Accreditation of CLE. Amend.

USB14-0412. Presumptively approved CLE providers; presumptive CLE Accreditation. Amend.

USB14-0413. CEL Accreditation for qualified audio and video presentations, webcasts, computer interactive programs, writing, lecturing, teaching, public service, and verified attendance. Amend.

USB14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; retirement. Amend.

USB14-0415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals. Amend.

USB14-0416. Lawyers on active status not practicing law in Utah; Paralegal Practitioners on active status outside of Utah; Lawyers or paralegal practitioners on active status engaged in full-time volunteer work in remote locations. Amend.

USB14-0417. Miscellaneous fees and expenses. Amend.

USB14-0418. Remote group CLE. Amend.

USB14-0419. CLE credit for Pro Bono Legal Services. Amend.

Supreme Court Order

Posted: November 16, 2023

Rules Governing the Utah State Bar – Effective November 15, 2023

USB14-0104. Admission to practice law; qualifications, enrollment, oath, and fees. AMEND. This rule amendment clarifies that the Supreme Court may set the fee for a Certificate of Good Standing. This rule amendment also provides revisions necessary to comply with the Supreme Court’s Style Guide.

Supreme Court Order

Posted: October 30, 2023

Rules Governing the Utah State Bar and Rules of Professional Practice – Effective November 1, 2023

USB14-0207. Finances. Approved. This rule amendment requires the Utah State Bar to annually submit to the Supreme Court recommendations on increasing, decreasing, or maintaining current licensing fees.

Supreme Court Order for USB 14-207

RPP11-0107. Open and Public Meetings. Approved. This rule amendment adds the newly established Advisory Committee on the Rule of Business and Chancery Procedure to this rule as a committee that must only hold open meetings.

Supreme Court Order for RPP 11-107

Posted: June 29, 2023

Rules Governing the Utah State Bar – Effective June 28, 2023

USB14-0403. Establishment and membership of Board. (AMENDED). This amendment reduces the size of the MCLE Board from 15 to 10 voting members. This amendment also adjusts the term lengths of new appointments to the Board.

Supreme Court Order

Posted: June 28, 2023

Rules Governing the Utah State Bar – Effective June 28, 2023

USB14-0711. Grading and passing the Bar Examination. (AMENDED). This rule amendment lowers the passing Bar Examination cut score from 270 to 260.

USB14-0712. Qualifications for admission based on UBE. (AMENDED). This rule amendment brings this rule in alignment with the new passing Bar Examination cut score.

Supreme Court Order

Posted: April 18, 2023

Rules of Professional Conduct and Rules Governing the Utah State Bar – Effective May 1, 2023

RPC08.03. Reporting Professional Misconduct. Amend. Clarifies that a lawyer or judge participating in a Utah State Bar-sponsored fee dispute resolution program is not required to disclose information gained in that program to the Office of Professional Conduct.

Supreme Court Order for RPC 8.3

USB14-01111. Exemption from future testimony and confidentiality of records and information. Amend. Clarifies when the Bar may disclose confidential information and what information it may disclose in the context of its fee dispute resolution program. A post-comment period amendment further clarifies that disclosure to law enforcement is permitted to the extent disclosure is necessary to prevent reasonably certain death or substantial bodily harm. Also clarifies that a Fee Dispute Resolution Committee member who participates in a fee dispute arbitration may not be called as a witness in any subsequent legal proceeding related to the fee dispute.

USB14-01116. Conduct of the mediation. Amend. Permits the fee dispute mediator to serve notice of the mediation by email on the mediating parties.

Supreme Court Order for USB 14-1111 and 14-1116

Posted: April 18, 2023

Rules Governing the Utah State Bar – Effective May 1, 2023

USB14-0402. Definitions. AMEND. Terminology amendments.

USB14-0404. Active status lawyers MCLE, NLTP, admission on motion, multi-state compliance reciprocity, house counsel and UBE requirements; MCLE requirements for Paralegal Practitioners. AMEND. Terminology amendments; clarifications around the New Lawyer Training Program.

USB14-0408. Credit hour defined; application for approval. AMEND. Terminology amendments.

USB14-0409. Categories of Elective CLE defined. AMEND. Terminology amendments.

USB14-0410. Accreditation of CLE; undue hardship and special Accreditation. AMEND. Terminology amendments.

USB14-0411. Board Accreditation of CLE. AMEND. Terminology amendments.

USB14-0412. Presumptively approved CLE providers; presumptive CLE Accreditation. AMEND. Terminology amendments.

USB14-0413. CLE Accreditation for qualified audio and video presentations, webcasts, computer interactive telephonic programs, writing, lecturing, teaching, public service, and live attendance. AMEND. Terminology amendments.

USB14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement. AMEND. Terminology amendments.

USB14-0418. Remote group CLE. AMEND. Terminology amendments.

USB14-0419. CLE Credit for Pro Bono Legal Services. NEW. Proposes a two-year pilot project that will provide CLE credit for pro bono services performed under the auspices of a Utah court, the Utah State Bar, or a sponsoring entity.

Supreme Court Order