Utah Courts
SCRP Rule 4-718 (Supreme Court Rules of Professional Practice)
SCRP Rule 4-718 (Supreme Court Rules of Professional Practice)
Rule 4-718. Licensing of Foreign Legal Consultants.
(a) Requirements of Foreign Legal Consultants. The burden of proof is on the Applicant to establish by clear and convincing evidence that the Applicant:
(1) is licensed in good standing of a recognized legal profession in a foreign country, the licensees of which are admitted to practice as attorneys or counselors at law or the equivalent and are subject to effective regulation and discipline by a duly constituted professional body or a public authority; and
(2) has paid the prescribed fee and filed a Complete Application as a Foreign Legal Consultant Applicant;
(3) is of the good moral character and satisfies the requirements of Rule 14-708;
(4) intends to practice as a legal consultant in this state and to maintain an office in this state for that purpose; and
(5) has passed the MPRE.
(b) Proof required. An Applicant must file with the Admissions Office:
(1) a certificate from the professional body or public authority in such foreign country having final jurisdiction over professional discipline, certifying as to the Applicant’s admission to practice and the date, and the Applicant’s good standing as such attorney or counselor at law or the equivalent;
(2) a duly authenticated English translation of such certificate, if it is not in English; and
(3) such other evidence as to the Applicant’s educational and professional qualifications, good moral character and general fitness, and compliance with the requirements of this rule as the Bar may require.
(c) Scope of practice. A person licensed to practice as a Foreign Legal Consultant under this rule may render legal services in this state with respect to the law of the foreign county in which such person is admitted to practice law. The Foreign Legal Consultant may not violate any provision of Rule 14-802 and may not:
(1) appear for a person other than herself or himself as attorney in any court, or before any magistrate or other judicial officer, in Utah other than as permitted under Rule 14-802 or upon qualified admission pro hac vice pursuant to Rule 14-806;
(2) render professional legal advice on the law of this state or of the United States;
(3) in any way represent that the person is a Bar licensee; or
(4) practice under, or use in connection with such practice, any name, title, or designation other than the following:
(A) the Foreign Legal Consultant’s own name;
(B) the name of the law firm or other entity with which the Foreign Legal Consultant is affiliated, in each case only in conjunction with the title “Foreign Legal Consultant” as set forth below;
(C) the Foreign Legal Consultant’s authorized title in the foreign country in which the Foreign Legal Consultant is admitted to practice, in each case only in conjunction with the title “Foreign Legal Consultant” as set forth below; and
(D) the title “Foreign Legal Consultant,” which must be used in conjunction with the words “admitted to the practice of law only in [name of the foreign country in which the Foreign Legal Consultant is admitted to practice].”
(d) Rights and obligations. A person licensed as a Foreign Legal Consultant will be considered a lawyer affiliated with the Bar as permitted by this rule and will be entitled and subject to:
(1) the rights and obligations set forth in the Utah Rules of Professional Conduct or arising from the other conditions and requirements that apply to a licensee of the Bar under rules adopted by the Supreme Court; and
(2) attorney-client privilege, work-product privilege and similar professional privileges.
(e) Subject to disciplinary proceedings. A person licensed to practice as a Foreign Legal Consultant is subject to professional discipline in the same manner and to the same extent as licensees of the Bar and specifically is subject to discipline by the Supreme Court as delegated by rule and is otherwise governed by the Utah Rules of Professional Conduct, the Rules of Discipline, Disability, and Sanctions, and other applicable Supreme Court rules.
(f) Requirements for licensure. Every person licensed to practice as a Foreign Legal Consultant must:
(1) attend the OPC ethics school before receiving a license to practice as a Foreign Legal Consultant; and
(2) execute and file with the Bar, in such form and manner as the Supreme Court may prescribe:
(A) the person’s understanding of, and commitment to observe, the Utah Rules of Professional Conduct, other rules adopted by the Supreme Court, and, to the extent applicable, rules governing the legal services authorized under paragraph (c) of this rule; and
(B) written notice to the OPC of any change in the Foreign Legal Consultant’s license status, good standing, or authorization to practice law in any jurisdiction where licensed, including the commencement of all formal disciplinary proceedings and of all final disciplinary actions taken in any other jurisdiction.
(g) License fees. A person licensed as a Foreign Legal Consultant must pay annual license fees equal to the fees paid by a licensee of the Bar on Active status.
(h) Revocation of license. If a licensed Foreign Legal Consultant no longer meets the requirements for licensure set forth in paragraph (a) or (g), their license will be revoked following the procedures set forth in the Rules of Discipline, Disability, and Sanctions.
(i) Admission to Bar. If a Foreign Legal Consultant is subsequently admitted as a licensee of the Bar, the license granted to such person to practice law supersedes the Foreign Legal Consultant license.
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