Utah Courts
SCRP Rule 4-705 (Supreme Court Rules of Professional Practice)
SCRP Rule 4-705 (Supreme Court Rules of Professional Practice)
Rule 4-705. Admission by motion.
(a) Reciprocal admission. An Applicant is eligible to be admitted by motion if the Applicant meets all the requirements of this rule. Admission by Motion is not a right; the burden of proof is on the Applicant to establish by clear and convincing evidence that the Applicant:
(1) has paid the prescribed nonrefundable fee and filed the required Complete Application as a Motion Applicant;
(2) is at least 21 years old;
(3) has been admitted by bar examination to practice law before the highest court of a U.S. state, U.S. territory or the District of Columbia;
(4) holds a First Professional Degree in law from an Approved Law School;
(5) has successfully passed the MPRE;
(6) has demonstrated that the U.S. state, U.S. territory or the District of Columbia that licenses the Applicant reciprocally allows the admission of licensed Utah lawyers under terms and conditions similar to those set forth in this rule;
(7) has been Actively and lawfully engaged in the Full-time Practice of law, as defined in Rule 14-701(b), (y), and (nn), for 36 of the 60 months immediately preceding the date the application for admission is filed;
(8) was Actively and lawfully engaged in the Full-time Practice of law in the reciprocal jurisdiction, whether remotely or in-person, during the time period described in (a)(7);
(9) is licensed in good standing in all jurisdictions where currently admitted;
(10) has a proven record of ethical, civil, and professional behavior and has never been delicensed or resigned with discipline pending, or their equivalent, in any jurisdiction and is not currently subject to lawyer discipline or the subject of a pending disciplinary matter; and
(11) is of good moral character and satisfies the requirements of Rule 14-708.
(b) Exceptions.
(1) Time practicing in Utah. Any time practicing at an office located in Utah will not be counted as time practicing in a reciprocal jurisdiction except to the extent that the lawyer has complied with Rule 5.5 of the Utah Rules of Professional Conduct or has complied with Rule 14-803.
(2) House counsel. Lawyers licensed in Utah as House Counsel may count time practicing in Utah toward the requirements of this rule.
(3) Full-time law professors in Utah. Law professors at an Approved Law School in the state of Utah who have worked full-time as a law professor for 36 of the 60 months immediately preceding the date the application for admission is filed are exempt from the requirement of being engaged in the Full-time Practice of Law. Working full-time as a law professor means working as a law professor at least 80 hours per month.
(c) Application form and content. The Board may require additional proof of any facts stated in the application. If the Applicant fails or refuses to furnish any information or proof, or to answer any Board inquiry pertinent to the pending application, the Board may deny the application without hearing.
(d) Timing of application and admission. An application may be filed at any time, but the Applicant must be able to demonstrate that the Applicant satisfies the requirements of this rule as of the date the application is filed. Processing of the application and the character and fitness investigation require a minimum of four months to complete.
(1) An Applicant not eligible for admission pursuant to this rule may qualify for admission as an Attorney Applicant pursuant to Rule 14-704.
(2) Upon approval the Applicant must comply with Rule 14-716 concerning licensing and enrollment fees.
(e) Practice pending admission. Only persons who are active Bar licensees in good standing may engage in the practice of law in Utah. However, a Motion Applicant with a pending Bar application may be eligible to practice for a limited period upon satisfaction of all the requirements of Rule 14-809 and receipt of a Practice Pending Admission Certificate.
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