Utah Courts
SCRP Rule 5-720 (Supreme Court Rules of Professional Practice)
SCRP Rule 5-720 (Supreme Court Rules of Professional Practice)
Rule 5-720. Confidentiality.
(a) Confidentiality. Confidential Information relating to LPP Licensure shall not be disclosed other than as permitted by this article. Confidential Information includes but is not limited to all records, documents, reports, letters and sources whether or not from other agencies or associations, relating to licensure and the examination and grading process.
(b) Disclosure of Confidential Information in licensure process. Nothing in this article limits disclosure of Confidential Information to the Board and the Bar's employees, committees and their agents in connection with the performance of and within the scope of their duties. The Bar is authorized to disclose information relating to Applicants as follows:
(b)(1) records pertaining to an Applicant as authorized by the Applicant in writing for release to others;
(b)(2) the names of Applicants and the names of Applicants who are eligible for LPP licensure; and
(b)(3) the Applicant’s exam results to the paralegal program from which the Applicant graduated or completed study.
(c) Disclosure of Confidential Information to Applicant. An Applicant and an Applicant's attorney are entitled to Confidential Information directly related to the Applicant:
(c)(1) which is to be considered by the LPP Admission Committee in conjunction with a formal hearing in accordance with Rule 15-708(c); and
(d) Privileged Information. Neither an Applicant nor an Applicant's attorney nor any person is entitled to Privileged Information.
(e) Communications relating to applications. Letters or information relating to an Applicant in which the writer requests confidentiality shall not be placed into evidence or otherwise made available to the decision-making body or anyone else involved in a decision-making capacity with respect to the admission of the Applicant. Such material will be destroyed by the admissions office. Any person having knowledge of the content of the information shall withdraw from participation in the matter, and if necessary persons shall be appointed to replace those required to withdraw from the decision-making process.
(f) Release of information. Except as otherwise authorized by order of the Supreme Court, the Bar shall deny requests for Confidential Information but may grant the request if made by one of the following entities:
(f)(1) an entity authorized to investigate the qualifications of persons for licensure as an LPP;
(f)(2) an agency or entity authorized to investigate the qualifications of persons for government employment; or
(f)(3) a lawyer or LPP discipline enforcement agency.
(g) Release of Confidential Information. If the request for Confidential Information is granted, it shall be released only upon certification by the requesting agency or entity that the Confidential Information shall be used solely for authorized purposes. If one of the above-enumerated entities requests Confidential Information, the Bar shall give written notice to the Applicant that the Confidential Information will be disclosed within ten calendar days unless the Applicant obtains an order from the Supreme Court restraining such disclosure.
(h) Immunity from civil suits. Participants in proceedings conducted under this article shall be entitled to the same protections for statements made in the course of the proceedings as participants in judicial proceedings. The licensure-related committee members, the General Counsel and the LPP admissions staff shall be immune from suit for any conduct committed in the course of their official duties, including the investigatory stage. There is no immunity from civil suit for intentional misconduct.
(i) Persons providing information to the LPP admissions office or admissions or licensure-related committees. Every person or entity shall be immune from civil liability for providing, in good faith, documents, statements of opinion, records or other information regarding an Applicant or potential Applicant for LPP licensure to the admissions office or to those members of the admissions or licensure related committees.
| Empty Table |
|---|