-Rules Governing the Utah State Bar – Page 3 – Utah Court Rules

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

Posted: December 14, 2020

Rules Governing the State Bar – Effective May 1, 2021

USB15-0703. 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: November 30, 2020

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.

USB14-1101. Definitions.

USB14-1102. Purpose and composition of the committee.

USB14-1105. Selection of the arbitration panel; additional claims.

USB14-1107. Award; form; service of award; judicial confirmation of award.

USB14-1108. Relief granted by award; accord and satisfaction to court; confidentiality; enforceability of award; claims of malpractice.

USB14-1114. Matters entitled to mediation.

Supreme Court Order

Posted: March 7, 2019

Rules Governing the State Bar – Effective May 1, 2019

USB14-0804. Certification for military legal assistance lawyers. Amend. Updates the standards for military lawyers who are allowed by military and federal law to assist certain persons who can receive military legal assistance.

USB14-0805. Admission for spouse of active military stationed in Utah. New. Allows spouses of servicemen and women who are stationed in Utah to serve as practicing lawyers under certain conditions.

Conforming and technical amendments:

USB14-0701. Definitions.

USB14-0705. Admission by motion.

USB14-0712. Qualifications for admission based on UBE.

Supreme Court Order for USB14-0804 and USB14-0805

Supreme Court Order for USB14-0701, USB14-0705, and USB14-0712

Posted: February 19, 2019

Rules Governing the Utah State Bar – Effective May 1, 2019

USB14-0806. Admission pro hac vice. Amended. Changes include an increase in the application fee from $250 to $425 and the requirement that attorneys admitted pro hac vice pay an annual $425 fee to the Bar for each year they continue to practice in Utah.

Supreme Court Order

Posted: January 31, 2019

Rules Governing the Utah State Bar – Effective February 1, 2019

USB14-802. Amend. Authorization to practice to law. The amendments to Rule 14–802 clarify that the forms an LPP may use are forms approved by the Judicial Council.

Supreme Court Order

Posted: September 11, 2018

Rules Governing the Utah State Bar – Effective November 1, 2018

USB14-0101. Amend. Definitions.

USB14-0102. Amend. Regulation of the practice of law.

USB14-0103. Amend. Organization and management of the Bar.

USB14-0104. Amend. Admission to practice law; qualifications, enrollment, oath, and fees.

USB14-0105. Amend. Conduct of licensed lawyers and judicial officers; complaints, investigations, and discipline.

USB14-0107. Amend. Annual license, fees; disbursements of funds.

USB14-0108. Amend. Issuance of license; form.

USB14-0110. Amend. Active and inactive members of the Bar.

USB14-0111. Amend. Practicing without a license prohibited.

USB14-0112. Amend. Duties of attorneys and counselors at law.

USB14-0201. Amend. Bylaws.

USB14-0203. Amend. License categories.

USB14-0210. Amend. General.

USB14-0403. Amend. Establishment of membership of Board.

USB14-0802. Amend. Authorization to practice law.

Supreme Court Order

Posted: August 7, 2018

Rules Governing the Utah State Bar – Effective July 18, 2018

USB14-0503. Ethics and Discipline Committee. Amend. Increases the number of Committee vice chairs from three to four. Effective July 18, 2018 pursuant to 11-105 (5) of the Utah Code of Judicial Administration.

Supreme Court Order