Utah Courts
SCRP Rule 4-717 (Supreme Court Rules of Professional Practice)
SCRP Rule 4-717 (Supreme Court Rules of Professional Practice)
Rule 4-717. Readmission of Utah attorneys after resignation without discipline, administrative suspension for three or more years, resignation with discipline, or disbarment.
(a) Requirements of Formerly-Admitted Applicants. An Applicant for relicensure after resignation without discipline or after an administrative suspension for three or more years bears the burden of proof to establish that the Applicant meets all necessary requirements by clear and convincing evidence. To qualify for relicensure, a Formerly-Admitted Applicant must file for admission by filing an application as:
(1) an Attorney Applicant under Rule 14-704, except the applicant is not required to retake the Bar Examination but must, once admitted to the Bar, enroll in the New Lawyer Training Program under Rule 14-808 without eligibility for an exemption or waiver; or
(2) provide clear and convincing evidence of the Full-time Active Practice of law for 60 of the 84 months immediately preceding the date of application, and demonstrate that the Applicant:
(A) has remained in good standing in the jurisdiction(s) where practicing throughout the time in practice;
(B) has paid the prescribed fees and filed the required Complete Application in accordance with Rule 14-707;
(C) is a member in good standing in all jurisdictions where currently admitted;
(D) is of good moral character and satisfies the requirements of Rule 14-708;
(E) has a proven record of ethical, civil, and professional behavior and has never been disbarred 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
(F) complies with the requirements of Rule 14-716 concerning licensing and enrollment fees.
(b) Requirements of Delicensed Attorney Applicants. An Applicant for relicensure to the Bar after delicensure or resignation with discipline pending must satisfy all requirements of this article, including Rules 14-703, 14-707(c), 14-708 and 14-716, and must satisfy all other requirements imposed by Rule 11-591, the OPC, and Utah courts. A report and recommendation must be filed by the Character and Fitness Committee in the district court in which the Applicant has filed his or her petition for relicensure. The district court must approve the Applicant’s petition for relicensure under Rule 11-591 before an Applicant can be admitted and licensed under Rule 14-716 to practice law.
(1) A Delicensed Attorney Applicant must undergo a formal hearing as set forth in Rule 14-708(c). A Delicensed Attorney Applicant has the burden of proving rehabilitation by clear and convincing evidence. No Delicensed Attorney Applicant may take the Bar Examination prior to being approved by the Character and Fitness Committee as provided in Rule 14-708(a). In addition to the requirements set forth in this rule and in conjunction with the application, an Applicant under this rule must:
(A) file an application for admission in accordance with the requirements and deadlines set forth in Rule 14-707(c).
(B) provide a comprehensive written explanation of the circumstances surrounding the disbarment or resignation;
(C) provide copies of all relevant documents including, but not limited to, orders containing findings of fact and conclusions of law relating to disbarment or resignation; and
(D) provide a comprehensive written account of conduct evidencing rehabilitation, which must include evidence demonstrating the Applicant’s:
(i) strict compliance with all disciplinary and judicial orders;
(ii) full restitution of funds or property where applicable;
(iii) a lack of malice toward those who instituted the original proceeding against the Applicant;
(iv) unimpeachable character and moral standing in the community;
(v) acceptance of responsibility for the conduct leading to the discipline;
(vi) a desire and intent to conduct one’s self in an exemplary fashion in the future;
(vii) treatment for and current control of any substance abuse problem and/or psychological condition, if such were factors contributing to the disbarment or resignation; and
(viii) positive action showing rehabilitation by such things as the Applicant’s occupation, community involvement, or civic service.
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