As used in this article:

(a) “Bar” means the Utah State Bar;

(b) “Board” means Board of Commissioners of the Utah State Bar;

(c) “discipline” means disbarment, suspension, probation, reprimand, admonition or delicensure;

(d) “member” means a lawyer who has been admitted to the Bar, and who holds a current license, the classifications of which are to be set forth hereinafter;

(e) “Licensed Paralegal Practitioner” means a person licensed by the Utah Supreme Court to provide limited legal representation in the areas of (1) temporary separation, divorce, parentage, cohabitant abuse, civil stalking, and custody and support; (2) forcible entry and detainer and unlawful detainer; or (3) debt collection matters in which the dollar amount in issue does not exceed the statutory limit for small claims cases; and

(f) “Supreme Court” means the Utah Supreme Court.

(a) Vested authority.

(1) The Supreme Court—by its constitutional power—authorizes and designates the Bar to administer rules and regulations that govern the practice of law in Utah, including regulating licensed paralegal practitioners. All persons authorized to practice law in Utah must be licensed by the Bar in accordance with this chapter and Chapter 15 of the Supreme Court Rules of Professional Practice.

(2) The Supreme Court recognizes a compelling state interest in using the Bar to assist the Court in governing admission to the practice of law and improving the quality of legal services in the state. The requirements imposed, the delegations made, and the authority granted to the Bar provide the best ways to promote these compelling state interests and there are no less restrictive alternatives available to achieve those results.

(b) Responsibilities of the Bar. The Bar’s purposes, duties, and responsibilities include:

(1) advancing the administration of justice according to law;

(2) aiding the courts in the administration of justice;

(3) regulating the admission of persons seeking to practice law;

(4) fostering and maintaining integrity, learning competence, public service, and high standards of conduct among those practicing law;

(5) representing the Bar before legislative, administrative, and judicial bodies;

(6) preventing the unauthorized practice of law;

(7) promoting professionalism, competence, and excellence through continuing legal education and other means;

(8) providing a service to the public, the judicial system, and Bar members;

(9) educating the public about the rule of law and responsibilities under the law; and

(10) assisting Bar members in improving the quality and efficiency of their practice.

(c) Qualifications. This chapter prescribes the qualifications, duties, and obligations of lawyers, foreign legal consultants, and licensed paralegal practitioners licensed to practice law in Utah. The Supreme Court is responsible for disciplining a Bar member or licensed paralegal practitioner.

(d) Licensure required. Suspended or disbarred persons may not practice law in Utah or hold themselves out as able to practice law in Utah. A person may only practice law in Utah if that person is:

(1) a licensed lawyer and an active Bar member in good standing;

(2) an inactive member in good standing providing pro bono legal services for or on behalf of a legal services organization approved by the Bar upon meeting certification and performance standards, conditions, and rules established by the Board;

(3) a foreign legal consultant licensed by the Bar; or

(4) a licensed paralegal practitioner and an active licensee of the Bar in good standing.

(a)Board of Commissioners: number, term, and vacancies.

(1) Number. The Bar’s Board of Commissioners consists of at least 13 but no more than 15 voting members, including 11 elected lawyers and two nonlawyers appointed by the Supreme Court.

(2) Term. Unless otherwise provided, the term of office of each commissioner is three years and until a successor is elected and qualified. The initial term of office of one of the nonlawyer commissioners is two years.

(3) Vacancies.

(A) If a lawyer vacancy on the Board occurs before the completed term of office, the remaining commissioners will:

(i) conduct a special election;

(ii) appoint an interim successor from among the active Bar members whose business mailing addresses on the Bar’s records are in the division from which the commissioner was elected, who will serve until the next annual election; or

(iii) fill the vacancy during the next regular annual election.

(B) If a lawyer vacancy on the Board is filled by either a special or regular election, the Board may establish the term of the successor to be a one, two or full three-year term, provided that there would be only two or three commissioners from the Third Division whose terms expire in any one year and only four or five Board commissioners whose terms expire in any one year.

(C) A President’s unexpired Commission term will be filled in the regular election cycle immediately preceding the time he or she succeeds to the office of President.

(b)Board’s powers. The Board may exercise all powers necessary and proper to carry out its duties and responsibilities and has all authority not specifically reserved to the Supreme Court. The Court specifically reserves the authority to:

(1) approve Bar admission and licensure fees for attorneys and licensed paralegal practitioners;

(2) approve all rules and regulations for admission, licensure, professional conduct, client security fund, fee arbitration, legislative activities, unauthorized practice of law, and Bar Examination review and appeals; and

(3) establish appropriate rules and regulations governing mandatory continuing legal education.

(c)Territorial divisions. The First Division includes the First Judicial District; the Second Division includes the Second Judicial District; the Third Division includes the Third Judicial District; the Fourth Division includes the Fourth Judicial District; and the Fifth Division includes the Fifth, Sixth, Seventh, and Eighth Judicial Districts.

(d)Number of lawyer commissioners from each division. Each division will have one lawyer commissioner, except the Third Division will have seven lawyer commissioners. No more than one lawyer commissioner from any division except from the Third Division, and no more than seven lawyer commissioners from the Third Division, may serve on the Board at the same time.

(e)Nomination and eligibility of lawyer commissioners. To nominate a person for commissioner for a particular division, a member’s business mailing address on the Bar’s records must be within that division. To be eligible for the office of lawyer commissioner in a division, the nominee’s business mailing address on the Bar’s records must be within that division. Nomination to the office of commissioner must be by written petition of at least 10 Bar members in good standing. Any number of candidates may be nominated on a single petition. Nominating petitions will be provided to the executive director within a period fixed by the Board’s rules.

(f)Commissioner Elections.

(1) Lawyer commissioners must be elected by resident active Bar members as follows:

(A) beginning in 1983 and every third year thereafter, one member from the Second Division and two members from the Third Division, but in 1983 only, there will be four members elected from the Third Division;

(B) beginning in 1984 and every third year thereafter, one member from the First Division and three members from the Third Division; and

(C) beginning in 1985 and every third year thereafter, two members from the Third Division and one each from the Fourth and Fifth Divisions.

(2) The candidate from any division, and the two or three candidates from the Third Division, receiving the greatest number of votes of that division will be the commissioner of such division. A member may only vote for commissioner candidates in the division in which the member’s business mailing address on the Bar’s records is located. The ballots will be returned to the Bar offices in accordance with its rules. There will be an annual election by the resident active Bar members for the purpose of filling vacancies. The Board will fix the time for holding the annual election and prescribe such rules and regulations in accordance with this chapter. The Board must mail annual election notices at least 90 days before the date on which the election closes.

(g)President-elect’s nomination and election. The Board must nominate at least one active lawyer in good standing to run for the office of president-elect, to be elected by the active Bar members. The president and the president-elect will hold office until their successors are elected and seated. A secretary, and such other assistants as the Board may require, may be selected from within or without the Board to hold office at the pleasure of the Board and to be paid such compensation as the Board determines.

(h)Board officers and organization. The Board is organized and authorized to conduct business through its elected commissioners, and the Bar’s president and president-elect. The president-elect for the previous year will automatically succeed to the office of president. A president and president-elect who are not elected commissioners have the authority to vote on matters brought before the Board. In the event of a tie vote, the matter at hand will fail to pass.

(i)Annual and special meetings notice. There must be an annual meeting of the Bar, presided over by the Bar president, open to all members in good standing, and held at such time and place as the Board may designate, for discussing Bar affairs and the administration of justice. Special Bar meetings may be held at such times and places as the Board designates. Notice of all meetings must be published to the Bar’s website not fewer than 14 days before the date of such meeting.

(j)Bylaws. The Board may adopt Bylaws, not conflicting with any of these rules’ terms, concerning officer selection and tenure, creation of sections and committees and their powers and duties, and generally for the control and regulation of the business of the Board and of the Bar.

(a) The Board, by delegation from the Supreme Court, is authorized to determine the qualifications and requirements for admission to the practice of law and to conduct examinations of applicants; and it shall from time to time certify to the Court those applicants found to be qualified. Qualifications and requirements for admission to the practice of law are set forth in Chapter 14, Article 7, Admissions.

(b) The Board, by delegation from the Supreme Court, is authorized to determine the qualifications and requirements for the Licensure of the Licensed Paralegal Practitioners and to conduct examinations of applicants, and it shall from time to time certify to the Court those applicants found to be qualified. Qualifications and requirements for Licensed Paralegal Practitioner licensure are set forth in Chapter 15, Article 7, Licensure.

(c) The Supreme Court’s approval of any person certified for licensure to practice law entitles the person to be enrolled in the Bar upon taking an oath to support the Constitutions of the United States and of Utah and to discharge faithfully the duties of an attorney at law, foreign legal consultant, or Licensed Paralegal Practitioner to the best of the person’s knowledge and ability, and payment of the fee fixed by the Board with the Supreme Court’s approval, and thereafter, to practice law upon payment of annual or special license fees herein provided, subject to the provisions of this chapter.

(d) Upon receiving Board certification and Supreme Court approval, the applicant must pay a fee set by the Supreme Court to the Supreme Court clerk for a certificate of admission. The state treasurer will retain a portion of the fee as a special fund for the benefit of the Utah State Law Library, to be expended by the Utah Judicial Council. The Supreme Court will set the fee for a certificate of good standing.

(e) Roll of licensed lawyers and Licensed Paralegal Practitioners. The Supreme Court clerk will keep a roll of the attorneys at law admitted to practice in Utah and Licensed Paralegal Practitioners, which must be signed by each person admitted or licensed before the person is enrolled and receives a certificate of admission to the Bar or license as a foreign legal consultant or Licensed Paralegal Practitioner.

(a) Proposing rules. The Board proposes rules governing the conduct of all persons admitted or licensed to practice in Utah, including foreign legal consultants and those licensed as licensed paralegal practitioners, and Bar members holding judicial office.

(b) Court to approve rules and regulations. All rules and regulations proposed by the Board must be submitted to and approved by the Supreme Court.

Pursuant to Article VIII, Section 4 of the Utah Constitution, the Supreme Court hereby authorizes and directs the Board to engage in legislative activities.

(a) The Board is authorized and directed to study and provide assistance on public policy issues and to adopt positions on behalf of the Board on public policy issues. The Board is authorized to review and analyze pending legislation, to provide technical assistance to the Utah Legislature, the Governor of Utah, the Utah Judicial Council and other public bodies upon request, and to adopt a position in support of or in opposition to a policy initiative, to adopt no position on a policy initiative, or to remain silent on a policy initiative. The position of the Board shall not be construed as the position of the Court or binding on the Court in any way.

(a)(1) The Board's consideration of public policy issues shall be limited to those issues concerning the courts of Utah, procedure and evidence in the courts, the administration of justice, the practice of law, and matters of substantive law on which the collective expertise of lawyers has special relevance and/or which may affect an individual's ability to access legal services or the legal system.

(a)(2) Public policy issues may be submitted to the Board for consideration in accordance with written procedures established by the Board.

(a)(3) The adoption of a Board position shall be in accordance with written procedures established by the Board.

(a)(4) The Board shall prepare and maintain a written record of the Board's positions on public policy issues and shall ensure reasonable notice and distribution to the members of the Bar and to Licensed Paralegal Practitioners.

(b) Governmental Relations Committee. The Board may establish a Governmental Relations Committee to assist in carrying out its responsibilities as set forth above. The committee's membership and procedures shall encourage broad participation and input and compliance with this policy.

(c) Legislative budget, rebates. At the end of the Utah general legislative session each year, the Board shall calculate all reasonable administrative expenses attributable to the Bar's legislative activities for the preceding 12 month period, identify each member’s and Licensed Paralegal Practitioner’s pro rata portion of the amount of license fees for the preceding 12 month period spent for legislative activities and establish a fair and equitable rebate procedure of that amount for Bar members or Licensed Paralegal Practitioners who object to any legislative position taken by the Board.

(a) Roster and current record information. The Bar must collect, maintain, and have ready access to current information of Bar members, foreign legal consultants, and licensed paralegal practitioners including:

(1) full name;

(2) date of birth;

(3) current physical addresses, and current telephone numbers for law office and residence, except that full-time judges are exempt from providing residential addresses and telephone numbers;

(4) current e-mail address;

(5) date of admission;

(6) date of any transfer to or from inactive status;

(7) all specialties in which certified;

(8) other jurisdictions in which the lawyer is admitted and date of admission; and

(9) nature, date, and place of any discipline imposed and any reinstatements.

(b) Assessments.

(1) Annual licensing fee. To effectuate the Bar’s purposes, every lawyer, foreign legal consultant, and licensed paralegal practitioner admitted or licensed to practice in Utah must pay to the Bar on or before July 1 of each year an annual license fee for each fiscal year to be fixed by the Bar Commission from time to time and approved by the Supreme Court. The fee must be sufficient to pay the costs of disciplinary administration and enforcement. The Bar administers the funds.

(2) Failure to renew annual license. Failure to pay the annual licensing fee or provide the required annual licensing information will result in administrative suspension. Any lawyer, foreign legal consultant, or licensed paralegal practitioner who practices law after failing to renew such license violates the Rules of Professional Conduct or Licensed Paralegal Practitioner Rules of Professional Conduct and may be disciplined. The executive director or designee must give notice of such removal from the rolls to such noncomplying member at the designated mailing address on the Bar’s records and to the state and federal courts in Utah.

(3) Reenrollment within three years of administrative suspension. A lawyer, foreign legal consultant, or licensed paralegal practitioner who is administratively suspended for failing to pay licensing fees for three years or less may apply in writing for reenrollment. The request should be made to the Utah State Bar Licensing Department and include payment equal to the fees the lawyer, foreign legal consultant, or licensed paralegal practitioner would have been required to pay had such person remained an inactive member to the date of the request for reenrollment and a $200 reinstatement fee. Upon receipt, the Bar will order reenrollment and so notify the courts. Reenrollment based on failure to renew does not negate any orders of discipline.

(4) Reenrollment after three years of administrative suspension. A lawyer, foreign legal consultant, or licensed paralegal practitioner who is administratively suspended for three years or more for failing to pay license fees must comply with the admissions requirements set forth in the Supreme Court Rules of Professional Practice governing admission for lawyers who have been administratively suspended for nonpayment for three or more years before being reinstated.

The executive director shall issue to each person paying said license fee, if such person shall have theretofore been admitted to practice law in Utah or licensed as a foreign legal consultant or Licensed Paralegal Practitioner by the Supreme Court and not disbarred or then under suspension, a license in such form as the Board may prescribe, for the licensure year for which fees were paid, and shall deliver such license to the person entitled thereto.

For the purpose of carrying out the objects of this chapter, and in the exercise of the powers herein granted, the Board shall have power to make orders concerning the disbursement of said license funds.

(a) Any member of the Bar or Licensed Paralegal Practitioner who has retired from the practice of law or who is not engaged in the practice of law, except for foreign legal consultants, may upon request be enrolled as an inactive member or inactive licensee. There shall be no rebate of any license fee upon transfer from active to inactive membership or inactive licensee. An inactive member may attend the annual and special meetings and participate in any debates or discussions at such meetings, but shall not be entitled to vote in any election or upon any question. An inactive member may provide pro bono legal services for or on behalf of a legal services organization approved by the Bar upon meeting certification and performance standards, conditions and rules established by the Board.

(b) The Board may appoint inactive members or inactive Licensed Paralegal Practitioners to committees. The annual fee for an inactive member shall be payable before the first day of July of each year, in an amount fixed by the Board, with the approval of the Supreme Court to effectuate the purpose of this chapter. An inactive member or an inactive Licensed Paralegal Practitioner in good standing may request to be enrolled as an active member or an active Licensed Paralegal Practitioner. Upon such request and the payment of the full annual license fee for the current fiscal year and any other fees authorized by the Court, less any fee paid as an inactive member or an inactive Licensed Paralegal Practitioner for such fiscal year, the applicant shall be immediately transferred from the inactive roll to the active roll.

(a) Action or proceedings to enforce. Exception. No person who is not licensed to practice law in Utah as an attorney at law or as a foreign legal consultant or licensed paralegal practitioner may practice or assume to act or hold himself or herself out to the public as a person qualified to practice law or to carry on the calling of an attorney at law in Utah or licensed paralegal practitioner. Such practice, or assumption to act or holding out, by any such unlicensed person will not constitute a crime, but this prohibition against the practice of law by any such person will be enforced by such civil action or proceedings, including writ, contempt, or injunctive proceedings, as may be necessary and appropriate, which action or which proceedings the Bar will institute after Board approval.

(b) Nothing in this article will prohibit a person who is unlicensed as an attorney, foreign legal consultant, or licensed paralegal practitioner from personally representing that person’s own interests in a cause to which the person is a party in that person’s own right and not an assignee.

It is the duty of an attorney and a Licensed Paralegal Practitioner to comply with the Rules of Professional Conduct and all other duly approved rules and regulations prescribed by the Board or by the Supreme Court and to pay all required fees.

(a) Paralegal defined.

(1) A paralegal is a person qualified through education, training, or work experience, who

(A) is employed or retained in Utah by a licensee of the Utah State Bar or the bar of another jurisdiction (“bar licensee”), a law office, a governmental agency, or another entity;

(B) works under the ultimate direction and supervision of a bar licensee; and

(C) performs substantive legal work that, for the most part, requires a sufficient knowledge of legal concepts and that, absent such assistance, the bar licensee would perform.

(2) A paralegal includes a Utah paralegal on a contract or freelance basis who works under the supervision of a bar licensee or who produces work directly for a bar licensee for which a bar licensee is accountable.

(3) A paralegal may also include a Licensed Paralegal Practitioner as defined in Rule 14-101. The term “bar licensee” refers to both a lawyer and a Licensed Paralegal Practitioner.

(b) Membership and structure of paralegal division.

(1) A paralegal may become a "paralegal affiliate" of the Bar upon application to the Bar’s paralegal division.

(2) In addition to the application, a paralegal must also submit the following to the paralegal division:

(A) an initial and annual certification of continuous sponsorship of a paralegal affiliate by an employer who is a bar licensee;

(B) a certification by the bar licensee and paralegal that the paralegal undertakes no legal work outside the bar licensee’s supervision or the supervision of bar licensee members of the firm, except that joint sponsorship by joint employers is permitted;

(C) an assumption of responsibility by the bar licensee for the compliance of the paralegal with all applicable rules of the Bar;

(D) the paralegal affiliate's parallel commitment that the bar licensee and paralegal affiliate will notify the Bar of any change of employment of the paralegal affiliate;

(E) evidence of compliance with the CLE requirements as reflected on the membership application; and

(F) an appropriate fee.

The paralegal affiliate's authority to function as a paralegal affiliate will terminate concurrent with employment by the sponsor unless sponsorship is accepted by another employer-licensee of the Bar.

(3) Except for the fee requirement in (b)(2)(F), the membership requirements of paragraph (b)(2) are waived if the applicant is an active member of the Bar as a Licensed Paralegal Practitioner.

(c) Officers of paralegal division and ex officio membership on the Board. The paralegal division may appoint a Chair, Chair-Elect, Finance Officer, and Secretary on an annual basis. The division may also appoint directors, and an ex officio, non-voting member of the Board who will report regularly to the division's membership regarding the overall activities of the Bar.

(d) Paralegal division membership.

(1) Paralegal affiliates are eligible to receive the Utah Bar Journal, notices of Bar functions, and bar-licensee rates at seminars and meetings. Paralegal affiliates are not eligible for office within the Bar.

(2) Except for Licensed Paralegal Practitioners, paralegal affiliates are not subject to discipline by the Office of Professional Conduct. However, under Rule 5.3 of the Utah Rules of Professional Conduct, supervising or responsible bar licensees are responsible for all work undertaken by paralegal affiliates for or on their behalf.

Any existing statutory provisions enacted which conflict with these rules are hereby ordered ineffective due to the constitutional grant of authority to the Court.

As used in this article:

(a) “Bar” means Utah State Bar, a corporation incorporated, registered and domiciled in Utah and designated as a Section 501(c)(6) organization under the United States Internal Revenue Code;

(b) “Board” means the Board of Commissioners of the Utah State Bar;

(c) “commissioner” means a member of the Board;

(d) “Executive Committee” means a committee of not fewer than three members of the Board as set forth in these Bylaws;

(e) “executive director” means the executive director of the Bar;

(f) “member” means a lawyer who has been admitted to the Bar who holds a current active or inactive license, or is a licensed foreign legal consultant;

(g) “president” means the president of the Board;

(h) “president-elect” means the president-elect of the Board; and

(i) “Supreme Court” means the Utah Supreme Court.

(j) “Licensed Paralegal Practitioner” means a person licensed by the Utah Supreme Court to provide limited legal representation in the areas of (1) temporary separation, divorce, parentage, cohabitant abuse, civil stalking, and custody and support; (2) forcible entry and detainer and unlawful detainer; or (3) debt collection matters in which the dollar amount in issue does not exceed the statutory limit for small claims cases.

The purposes of the Bar include:

(a) advancing the administration of justice according to law;

(b) aiding the courts in carrying on the administration of justice;

(c) regulating the admission of persons seeking to practice law;

(d) fostering and maintaining integrity, learning, competence, public service, and high standards of conduct among those practicing law;

(e) representing the Bar before the legislative, administrative, and judicial bodies;

(f) preventing the unauthorized practice of law;

(g) promoting professionalism, competence, and excellence in those practicing law through continuing legal education and other means;

(h) providing services to the public, the judicial system, and Bar members;

(i) educating the public about the rule of law and responsibilities under the law;

(j) assisting Bar members in improving the quality and efficiency of their practice;

(k) engaging freely in all lawful activities and efforts, including soliciting grants and contributions that may reasonably be expected to promote and advance these purposes; and

(l) carrying on any other business connected with or incidental to the foregoing objectives and purposes, and having and exercising all the powers conferred on corporations formed under the Utah Revised Nonprofit Corporation Act.

(a) Lawyers licensed by the Bar shall be divided into the following licensure categories:

(a)(1) Active. Active members are those lawyers eligible to practice law as defined by Rule 14-802. An active member must maintain an active license.

(a)(2) Active, under three. Active under three lawyers are those persons who took the student Bar Examination as defined in Rule 14-710 and have not been admitted to practice for more than three years in any jurisdiction.

(a)(3) Active emeritus. Active emeritus lawyers are those lawyers who have been a member of the Bar for 50 years or are 75 years of age as of July 1 of the current year and who are engaged in the practice of law.

(a)(4) Inactive. Inactive members are those lawyers who have retired from or for other reasons are not engaged in the practice of law as defined by the Rule 14-802. An inactive member must maintain an inactive license. They shall have the right to attend meetings of the Bar but shall not have a vote. They may serve on Bar committees and be members of sections of the Bar.

(a)(5) Inactive emeritus. Inactive emeritus lawyers are those lawyers who have been a member of the Bar for 50 years or are 75 years of age as of July 1 of the current year and who are not engaged in the practice of law.

(a)(6) Other limited practice licenses. As authorized by the Supreme Court, the Bar may develop other limited license categories.

(b) Transfer from inactive to active status. An inactive member may become an active member upon request and by paying the licensing fees which would have been payable July 1 had the member then been active. A lawyer who transfers must also pay the Lawyer's Fund for Client Protection assessment for the licensure cycle when assessed.

(c) Register of members to be kept. The executive director shall maintain a register of lawyers which shall contain a designation as to their licensing status and such other information as the Board may determine to be necessary or desirable or as required by rule.

(d) Information required of members. Each member of the Bar shall furnish the executive director;

(d)(1) full name;

(d)(2) date of birth;

(d)(3) current physical addresses, and current telephone numbers for law office and residence, except that full-time judges are exempt from providing residential addresses and telephone numbers;

(d)(4) current e-mail address;

(d)(5) date of admission;

(d)(6) date of any transfer to or from inactive status;

(d)(7) other jurisdictions in which the lawyer is admitted and date of admission and Bar number or identification number from those jurisdictions;

(d)(8) nature, date, and place of any discipline imposed and any reinstatements; and

(d)(9) such other matters as the Board may from time to time prescribe.

This information shall be furnished by each member as a part of, or as a supplement to, the annual submission of licensing information required by the rules or upon inquiry at any time by the executive director. The Board shall make each active or current status member’s name, firm or organization, business address, phone number and licensing status publicly available.

(e) Membership licensure card. Each member shall be furnished with a current licensure card.

(f) Professional misconduct. If an inactive member, or active member while suspended, shall practice law, he or she shall be subject to the disciplinary process as in cases of other professional misconduct under the Utah Rules of Professional Conduct and Article 5, Lawyer Discipline and Disability.

(g) Licensed Paralegal Practitioners licensed by the Bar shall be divided into the following licensure categories:

(g)(1) Active. Active Licensed Paralegal Practitioners are eligible to practice law as defined by Rule 14-802. An active Licensed Paralegal Practitioner must maintain an active license.

(g)(2) Inactive. Inactive Licensed Paralegal Practitioners are those licensees who have retired from or for other reasons are not engaged in the practice of law as defined by the Rule 14-802. An inactive Licensed Paralegal Practitioners must maintain an inactive license.

(h) Transfer from inactive to active status. An inactive Licensed Paralegal

Practitioner may become an active Licensed Paralegal Practitioner upon request and by paying the licensing fees which would have been payable July 1 had the Licensed Paralegal Practitioner then been active.

(i) Register of Licensed Paralegal Practitioners to be kept. The executive director shall maintain a register of Licensed Paralegal Practitioners which shall contain a designation as to their licensing status and such other information as the Board may determine to be necessary or desirable or as required by rule.

(j) Information required of Licensed Paralegal Practitioners. Each Licensed Paralegal Practitioner shall furnish the executive director:

(j)(1) full name;

(j)(2) date of birth;

(j)(3) current physical addresses, and current telephone numbers for law office and residence.

(j)(4) current e-mail address;

(j)(5) date of admission;

(j)(6) date of any transfer to or from inactive status;

(j)(7) other jurisdictions in which the Licensed Paralegal Practitioner is licensed as a lawyer or other legal professional and the dates of admission or licensure and bar number or identification number from those jurisdictions;

number or identification number from those jurisdictions;

(j)(8) nature, date, and place of any discipline imposed and any reinstatements; and

(j)(9) such other matters as the Board may from time to time prescribe.

This information shall be furnished by each Licensed Paralegal Practitioner as a part of, or as a supplement to, the annual submission of licensing information required by the rules or upon inquiry at any time by the executive director. The Board shall make each active Licensed Paralegal Practitioner’s name, firm or organization, business address, phone number and licensing status publicly available.

(k) Professional misconduct. If an inactive Licensed Paralegal Practitioner, or active Licensed Paralegal Practitioner while suspended or delicensed, shall practice law, he or she shall be subject to the disciplinary process as in cases of other professional misconduct under the Utah Rules of Licensed Paralegal Practitioner Discipline and Disability, Chapter 15, Article 5.

(a) Dates and notices.

(a)(1) The time and place of the Bar's annual and spring conventions shall be fixed and notice given by the Board to all licensed lawyers not less than 60 days prior to the dates of such meetings.

(a)(2) The time and place of special meetings of the Bar shall be fixed by the Board and notice shall be given by the Board at least 15 days prior to the date of any meeting. The purpose for any special meeting shall be stated in the notice.

(b) Programs. The Board shall appoint such committees and shall take such action as may be appropriate to provide a program at the annual and spring conventions that will permit consideration of the affairs of the Bar and matters relating to the Bar of interest to the members. The meetings may include such meetings of the Board, sections, committees and any local bar or other associations as may be determined by the Board.

(c) Report of the president. The president shall make an oral or written report of his or her administration to the members of the Bar.

(d) Fees and charges. A registration fee for attendance at the annual and spring conventions may be charged to all attendees. However, the business sessions of such meetings shall be open forum sessions and open to all lawyers licensed and in good standing whether registered or not. The Board may also make charges for attendance at luncheons, dinners and special events in order to defray all or part of the costs of the meetings.

(e) Reports and recommendations. Reports of sections and committees, including recommendations requiring affirmative action by the members, shall be submitted to the Board at least one month prior to the date of the annual or spring conventions. Reports or recommendations requesting affirmative action shall be considered by the Board and recommendations of the Board for action shall be made at the business or open forum sessions of such meetings, and shall be open to debate at that time within reasonable limitations prescribed by the presiding officer, and a vote shall be taken. The vote of the members shall be advisory to the Board.

(f) Resolution and open forum session. Fifteen days prior to the first general session of the annual and spring conventions, any lawyer licensed and in good standing may present in writing any resolution pertinent to the legal profession and within the objectives and purposes of the Bar. Resolutions so presented shall be considered by the Board, which shall report its recommendations with respect to action to be taken at the business or open forum sessions, at which time such resolutions shall be open to debate within such limitations as shall be prescribed by the presiding officer, and a vote shall be taken thereon. The vote of the members shall be advisory to the Board. If the Board thereafter declines to comply with or implement any duly adopted resolution, the reasons for such refusal shall be set forth in the minutes of the Board.

(g) Suspension of time provisions. The time provisions of paragraphs (e) and (f) may be suspended by the Board for good cause which shall be set forth in its minutes, or by an affirmative vote of three-fourths of the members present at any business meeting.

(h) Record of proceedings. A record of the proceedings of the annual and spring conventions shall be kept by the executive director and shall be available to the members. Parts of the meetings as may be deemed by the Board to be of general interest to the members shall be published in the Utah Bar Journal. At the first regular meeting of the Board held after the annual and spring conventions, a review of the proceedings shall be made by the Board for the purpose of considering any duly adopted resolutions or recommendations approved at those meetings.

(a) Number and terms. The Board must consist of no fewer than 13 but no more than 15 voting members, including 11 elected lawyers and two non-lawyers appointed by the Supreme Court. Except as otherwise provided, the term of office of each commissioner is three years and until a successor is elected and qualified.

(b) Vacancies. A lawyer vacancy on the Board occurs by reason of death, resignation, incapacity, retirement, removal, change of residence from Utah, or upon the incumbent ceasing to be an active lawyer licensee in good standing. A vacancy created by a lawyer commissioner must be filled by the remaining Board members by either:

(b)(1) conducting a special election;

(b)(2) appointing a successor from among the active lawyer licensees whose business mailing addresses on the records of the Bar are in the division from which the commissioner was elected, who must serve until the following annual election; or

(b)(3) filling the vacancy through the next regular annual election.

The Board may establish the term of the successor to be either a one, two or full three-year term, provided that there would be not more than three but not fewer than two commissioners from the Third Division whose terms expire in any one year and not more than five but not fewer than four commissioners on the Board whose terms expire in any one year.

(b)(4) A President’s unexpired Commission term must be filled in the regular election cycle immediately preceding the time he or she succeeds to the office of President.

(c) Removal. A lawyer commissioner may be removed from the Board by:

(c)(1) The vote of eight of the twelve commissioners (other than the commissioner proposed for removal) at a meeting of which advance notice of the removal vote is given as provided in paragraph 14-204(a)(2), provided that commissioners who are eligible to vote but who are not in attendance at the meeting may submit their vote in writing to the executive director; or

(c)(2) The vote of a majority of the active lawyer licensees in the division which elected the commissioner voting in a special election held for the purpose of consideration of removal. Ballots must be emailed to the lawyer licensees’ address of record with the Bar20 days after the filing of a petition calling for removal signed by 10% of the active lawyer licensees in the division which elected the commissioner. Ballots are due by 9:59 p.m. Mountain Time 15 days after emailing and the results must be tabulated and announced not more than 45 days after the filing of the petition.

(d) General powers. The Board may exercise all powers necessary and proper to carry out the duties and responsibilities of the Bar and the purposes of Article 1, Integration and Management, and may exercise all authority which is not specifically reserved to the Supreme Court.

(e) Election notice. Notice of election of commissioners and of the divisions from which they must be elected during the current year must be emailed to the active lawyer licensees of the Bar in that division no later than 90 days prior to the date the election closes.

(f) Nomination. Commissioners are nominated by written petition complying with Article 1, Integration and Management, and filed with the executive director at least 60 days prior to the date the election closes. The petitions must be signed by ten active lawyer licensees whose business mailing addresses on the records of the Bar are in the division from which the election is to be held. Only active lawyer licensees eligible to vote in that division may be nominated to serve as commissioner.

(g) Form of petition. The executive director must prepare a form of petition for the nomination of commissioners and furnish copies to any active lawyer licensee upon request. Nominations may be made on the forms, but nominations in any other form of petition which complies with Article 1, Integration and Management and these Bylaws must be sufficient.

(h) Election procedures.

(h)(1) Ballots must be provided to all active lawyer licensees in each division in which an election is to be held, containing the alphabetized names of those lawyer licensees who have been nominated from the respective divisions. The ballots must be provided electronically to active lawyer licensees at their email address of record with the Bar at least 15 days prior to the date the election closes.

(h)(2) Ballots must be submitted no later than 9:59 p.m. Mountain Time on the day the election closes.

(h)(3) Successful candidates will be notified by the Executive Director. The President must call a meeting of the Board prior to the end of the annual meeting for the purpose of re-organizing the Board. Public announcement of election results will be made at the discretion of the president.

(h)(4) The terms of new commissioners will begin when they are seated at the reorganization meeting of the Board.

(h)(5) If an insufficient number of nominating petitions are filed to require balloting in a division, the person or persons nominated must be declared elected.

(h)(6) If any day or date set forth above falls on Saturday, Sunday or holiday, the act required or time fixed will occur on or run from the next working day.

(i) Disputed election.

(i)(1) If there is a dispute as to the validity of the election of a commissioner, it must be resolved by the Board at its first meeting after the election or at an adjourned meeting. Any Board member involved in the dispute must not be entitled to vote. The executive director must give written notice to each candidate of the hearing on the contested election and each candidate must have the right to be personally present, to be represented by counsel and to present proof at the hearing. The Board has the right to inquire into all matters germane to the election and dispute.

(i)(2) The Board may designate a committee from among its members to hear disputed election matters, but decisions of the committee will not be effective until approved by the Board. In every contested election hearing, the Board has the right to prescribe rules and regulations for the conduct.

(i)(3) The decision of the Board is final.

(j) Meetings.

(j)(1) The Board must hold regular meetings at the Bar offices or at such other place as the Board may determine.

(j)(2) Special meetings of the Board may be held at any time upon the call of the president, and must be called by him or her at the written request of three or more members of the Board.

(j)(3) Reasonable notice of the time and place of all regular special meetings must be given to each member of the Board by the executive director by email.

(j)(4) At any regular or special meeting of the Board, any business may be transacted which is within the power of the Board, whether or not such business has been placed upon the agenda in advance; provided, however, that advance notice pursuant to subparagraph (j)(3) above must be given for removal of officers and lawyer commissioners.

(j)(5) If less than a quorum of the Board is present at a meeting, those present may adjourn the meeting to a later time, and if a quorum is present at the time to which the meeting was adjourned, the Board may proceed with the conduct of business without further call or notice.

(j)(6) If the president desires the vote of the Board without calling a meeting, a vote may be taken by telephone or e-mail provided that all members of the Board are be given an opportunity to vote.

(k) Quorum. Eight members of the Board constitute a quorum for conducting the business of the Board and a majority vote of those present and voting at any meeting is sufficient to take effective action to bind the Board; provided, however, that the nomination of candidates to run for the office of president-elect and the selection of a lawyer commissioner to fill a vacancy must be by majority vote of the entire Board. All members of the Board who are present must vote on all matters when a vote is taken unless they excuse themselves from voting or are excused from voting by a majority of the Board members present because of a conflict of interest.

(l) Executive Committee. An Executive Committee of not fewer than three members, two of whom shall be the president and the president-elect, with the remaining members of the Executive Committee being voting members of the Board, must be appointed by the president with the approval of the Board. The executive director must be an ex-officio member of the Executive Committee. The duties of the Executive Committee shall include:

(l)(1) the handling of emergency matters when the entire Board cannot be convened, or the requirements of paragraph (g) above cannot be met;

(l)(2) the review of the affairs of the Bar and the making of recommendations to the Board;

(l)(3) the handling of ministerial and routine business of the Bar which transpires between Board meetings; and

(l)(4) any other matters delegated to it by the Board.

All recommendations and ministerial matters must be reported to the Board as a part of the agenda for the next Board meeting following the action.

(m) Liaison assignments. In addition to performing duties required by law or which may be assigned to individual members of the Board, commissioners and officers may be assigned as contacts or liaison representatives to the various committees, sections and units of the Bar, and in that capacity will have the authority to call meetings of the committees, sections or units of the Bar and may report thereafter at the meetings of the Board. The members of the Board and officers should affiliate and participate with, and be informed upon the work of the American Bar Association and other organizations on subjects relating to those under consideration by the Board, committees, sections and units of the Bar to which the Board members are assigned.

(n) Sub-committees. The Board may appoint sub-committees to carry out its functions.

(o) Executive Director.

(o)(1) The Executive Director is selected by the Board.

(o)(2) The salary, duties and employment term of the Executive Director are contained in the Executive Director’s employment agreement with the Board.

(o)(3) The Executive Director must perform duties as secretary to the Board as provided by law and any other duties prescribed by the Board or delegated by the president, not inconsistent with law and these Bylaws. The Executive Director has the authority to hire and terminate staff.

(p) Ex-officio members. Ex-officio members of the Board may be designated by the Board from year to year, but any designation must not be effective for more than one year, and ex-officio members are not entitled to vote.

(a) President. The president-elect automatically succeeds to the office of president pursuant to Article 1, Integration and Management.

(b) President-elect; qualifications; voting procedures.

(b)(1) A lawyer commissioner who wishes to be considered as a candidate or a commissioner who wishes to recommend the name of another lawyer in good standing on active status to be considered as a candidate must notify the Board in writing no later than January 2The Board also may consider additional candidates at its discretion.

(b)(2) The Board must nominate at least one candidate to run for the office of president-elect from among the names submitted to the Board as set forth above. The Board, by vote, must nominate those running for the office of president-elect at a regularly scheduled meeting. Balloting for nomination to run for the office of president-elect will be by secret ballot except that commissioners not in attendance at the meeting may submit their vote in writing to the president or executive director.

(b)(3) A lawyer elected president-elect succeeds to the office of president and serves as president with authority to represent the Bar and preside at all meetings of the Board and the Bar even though the president-elect may not be serving a term as an elected commissioner. A president and president-elect who are not elected commissioners have the authority to vote on matters brought before the Board. In the event of a tie vote, the matter at hand shall fail to pass.

(b)(4) Ballots must be provided to all active lawyer licensees of the Bar containing the alphabetized names of the candidates. The ballots must be provided electronically via email to active lawyer licensees at their email address on record with the Bar at least 15 days prior to the date on which the election closes. If there is only one candidate for the office of president-elect, the ballot must be considered as a retention vote and a majority of those voting must be required to reject the sole candidate.

(b)(4)(A) Ballots must state the date they are due and be submitted no later than 9:59 p.m. Mountain Time on the day the election closes.

(b)(4)(B) The successful candidate must be notified by the Executive Director. The President must then call a meeting of the Board prior to the end of the annual meeting for the purpose of reorganizing the Board. Public announcement of election results will be made at the discretion of the president.

(b)(4)(C) The term of the new president-elect must begin when he or she is seated at the reorganization meeting of the Board.

(b)(4)(D) If any day or date set forth above falls on a Saturday, Sunday or holiday, the act required or time fixed must occur on or run from the next working day.

(b)(5) If there is a dispute as to the validity of the election it must be resolved by the Board at its first meeting after the election. Any Board member involved in the dispute must not be entitled to vote. The executive director must give written notice to each candidate of the hearing on the contested election and each candidate must have the right to be personally present, to be represented by counsel and to present proof at the hearing. The Board has the right to inquire into all matters germane to the election and dispute.

(b)(5)(A) The Board may designate a committee from among its members to hear disputed election matters, but decisions of the committee must not be effective until approved by the Board. In every contested election hearing, the Board will have the right to prescribe rules and regulations for the review or hearing.

(b)(5)(B) The decision of the Board is final.

(c) Seating new commissioners and officers. The reorganization meeting of the Board must be called to order by the outgoing president. He or she must first conduct any unfinished business before the existing Board. Thereafter, the newly-elected commissioners who have been found qualified and declared elected must be seated as members of the Board. The outgoing president must recognize and seat the new president and president-elect.

(d) Terms of office. The terms of office of the president and president-elect must run concurrently and must begin at the commencement of the annual convention and run until their successors have been seated. Notwithstanding the running of the president's term of office, all official functions of the annual convention must be presided over by the outgoing president.

(e) Duties and temporary absences. The president must preside at all meetings of the Bar and of the Board, and in the event of any temporary absence, the president-elect must perform the duties of the president. The president must represent the Bar at all appropriate functions and must perform such duties and represent the Bar and the Board as directed by the Board.

(f) Vacancies. A vacancy occurs in the office of president or president-elect by reason of death, resignation, incapacity, retirement, removal, change of residence from Utah, or upon the incumbent ceasing to be an active lawyer licensee in good standing. A vacancy must be filled by the Board from among its members by a majority vote by secret ballot of the remaining Board members. Commissioners not in attendance at the meeting may submit their vote in writing to the executive director. If a vacancy occurs in the office of president-elect a president-elect must be nominated and stand for election under Article 1, Integration and Management and paragraph (b) above.

(g) Removal. The president or president-elect may be removed from office by:

(g)(1) the vote of nine of the current voting commissioners at a meeting of which advance notice of the removal vote is given as provided in 14-204(a)(2), provided that commissioners not in attendance at the meeting may submit their vote in writing to the executive director; or

(g)(2) the vote of a majority of the active lawyer licensees voting in a special election held for the purpose of consideration of removal. Ballots must be emailed20 days after the filing of a petition calling for removal signed by 10% of the active lawyer licensees. Ballots are due 17 days after emailing and the results tabulated and announced not more than 45 days after the filing of the petition.

(a) Budget. The Board must prepare an annual budget that is published for comment before final adoption. The Board must adopt the budget at its first regular meeting following the reorganization meeting. No obligations may be incurred unless within the limits of the budget and within the scope of the authorized objectives of the Board. The Bar’s annual budget must include a budget for the OPC, including the salaries of OPC counsel and staff, expenses, and administrative costs. The Board must ratify the budget for the OPC approved by the Oversight Committee unless the Board petitions the Supreme Court for modifications, in which case the budget approved by the Supreme Court is final.

(b) Annual Licensing Fees. The Board must annually submit to the Supreme Court recommendations on increasing, decreasing, or maintaining the annual licensing fees for attorneys, Licensed Paralegal Practitioners, and entities regulated by the Utah State Bar. The submission must include a basis for the recommendation.

(c) Section dues.

(1) Bar sections may, with Board approval, charge an annual membership fee to obtain the commitment of members to section activities and to provide revenue to carry out the section’s purposes. The amount of such membership fees will be fixed by the section subject to the approval of the Board.

(2) The Bar must hold any funds raised by sections from membership fees as separately identifiable funds of the sections, and disburse to the sections as needed, to carry out the functions of the sections. Such funds may not revert to the general Bar fund at the end of the budget year, but will continue to be held as a separately identifiable fund.

(d) Disbursements.

(1) Bar funds are disbursed only in accordance with the provisions of law and by these Bylaws, and at the direction of the Board.

(2) Checking accounts must be maintained with banks to be designated by the Board in such amounts as the Board will determine.

(3) No check may be drawn on Bar funds except as the Board authorizes.

(4) Checks under $1,000 may be signed by an Executive Committee member or by the executive director. Checks over $1,000 must bear the signatures of any two Executive Committee members or any one Executive Committee member and the executive director, unless the funds come from the revolving-fund account for day-to-day operating needs, in which case a check of any amount may be signed by an Executive Committee member or by the executive director. The Board designates the size of the revolving-fund account annually and may revise this at any time.

(e) Investing funds. The Board must direct any investment of Bar funds.

(a) Bar Admission. The Board proposes rules for applicant Bar admission pursuant to Article 1, Integration and Management, and recommends to the Supreme Court for approval rules governing qualifications and requirements for admission to the practice of law as a lawyer and as a foreign legal consultant and for the examination of applicants.

(b) Student practice rules. The Board may recommend to the Supreme Court for approval rules governing student practice or student court assistance programs.

(c) Sections, standing committees, special committees. To advance the Bar’s purposes and objectives, the Board must create appropriate sections, standing committees, and special committees to which matters may be referred. The Board may call for regular or periodic reports from such committees and sections at times and to such extent as the Board deems appropriate.

(d) Committees. The Board will select a chair and the members of each committee. Bar Committees consist of:

(1) Standing committees, which exist until abolished by the Board. Standing committee members serve in staggered, three-year terms; and

(2) Ad hoc committees created for a specific purpose, which will terminate upon completion of that purpose. Ad hoc committee membership lasts through the committee’s existence.

This Rule was repealed on 8/1/2022.

(a) Litigation. No member, Licensed Paralegal Practitioner, committee, or section of the Bar shall represent the Bar unless authorized to do so by the Board, or in case of emergency, by the Executive Committee as provided in Rule 14-205(l).

(b) Limitations on publicity. No recommendation or report of a section, committee, member, or Licensed Paralegal Practitioner, shall become the recommendation or report of the Bar until approved by the Board, and no such report or recommendation shall be released publicly prior to submission to and approval of the Board.

(c) Authority to bind Bar. No committee, section, or any officer, member or Licensed Paralegal Practitioner shall have the power to make the Bar liable for any debt or obligation except upon the authorization of the Board.

(d) Local bar associations. To further promote the purposes and objectives of the Bar, the Board shall encourage the creation of, and active participation of its members in, local bar associations, and work to achieve harmony with such local associations.

(e) Amendments of Bylaws. These Bylaws may be amended at any regular or special meeting of the Board by a majority vote of the entire Board. However, proposed amendments shall be filed with the executive director at least ten days in advance of the next regular meeting of the Board; provided however, they may be amended at any regular meeting of the Board without prior notice by the unanimous vote of the entire Board.

Preamble

A lawyer's conduct should be characterized at all times by personal courtesy and professional integrity in the fullest sense of those terms. In fulfilling a duty to represent a client vigorously as lawyers, we must be mindful of our obligations to the administration of justice, which is a truth-seeking process designed to resolve human and societal problems in a rational, peaceful, and efficient manner. We must remain committed to the rule of law as the foundation for a just and peaceful society.

Conduct that may be characterized as uncivil, abrasive, abusive, hostile, or obstructive impedes the fundamental goal of resolving disputes rationally, peacefully, and efficiently. Such conduct tends to delay and often to deny justice.

Lawyers should exhibit courtesy, candor and cooperation in dealing with the public and participating in the legal system. The following standards are designed to encourage lawyers to meet their obligations to each other, to litigants and to the system of justice, and thereby achieve the twin goals of civility and professionalism, both of which are hallmarks of a learned profession dedicated to public service.

Lawyers should educate themselves on the potential impact of using digital communications and social media, including the possibility that communications intended to be private may be republished or misused. Lawyers should understand that digital communications in some circumstances may have a widespread and lasting impact on their clients, themselves, other lawyers, and the judicial system.

We expect judges and lawyers will make mutual and firm commitments to these standards. Adherence is expected as part of a commitment by all participants to improve the administration of justice throughout this State. We further expect lawyers to educate their clients regarding these standards and judges to reinforce this whenever clients are present in the courtroom by making it clear that such tactics may hurt the client’s case.

Although for ease of usage the term “court” is used throughout, these standards should be followed by all judges and lawyers in all interactions with each other and in any proceedings in this State. Copies may be made available to clients to reinforce our obligation to maintain and foster these standards. Nothing in these standards supersedes or detracts from existing disciplinary codes or standards of conduct.

Cross-References: R. Prof. Cond. Preamble [1], [13]; R. Civ. P. 1; R. Civ. P. 65B(b)(5); R. Crim. P. 1(b); R. Juv. P. 1(b); R. Third District Court 10-1-306; Fed. R. Civ. P. 1; DUCivR 83-1.1(g).

1. Lawyers shall advance the legitimate interests of their clients, without reflecting any ill-will that clients may have for their adversaries, even if called upon to do so by another. Instead, lawyers shall treat all other counsel, parties, judges, witnesses, and other participants in all proceedings in a courteous and dignified manner.

Comment: Lawyers should maintain the dignity and decorum of judicial and administrative proceedings, as well as the esteem of the legal profession. Respect for the court includes lawyers’ dress and conduct. When appearing in court, lawyers should dress professionally, use appropriate language, and maintain a professional demeanor. In addition, lawyers should advise clients and witnesses about proper courtroom decorum, including proper dress and language, and should, to the best of their ability, prevent clients and witnesses from creating distractions or disruption in the courtroom.

The need for dignity and professionalism extends beyond the courtroom. Lawyers are expected to refrain from inappropriate language, maliciousness, or insulting behavior in depositions, meetings with opposing counsel and clients, telephone calls, email, and other exchanges. They should use their best efforts to instruct their clients and witnesses to do the same.

Cross-References: R. Prof. Cond. 1.4; R. Prof. Cond. 1.16(a)(1); R. Prof. Cond. 2.1; R. Prof. Cond. 3.1; R. Prof. Cond. 3.2; R. Prof. Cond. 3.3(a)(1); R. Prof. Cond. 3.4; R. Prof. Cond. 3.5(d); R. Prof. Cond. 3.8; R. Prof. Cond. 3.9; R. Prof. Cond. 4.1(a); R. Prof. Cond. 4.4(a); R. Prof. Cond. 8.4(d); R. Civ. P. 10(h); R. Civ. P. 12(f); R. App. P. 24(k); R. Crim. P. 33(a); Fed. R. Civ. P. 12(f).

2. Lawyers shall advise their clients that civility, courtesy, and fair dealing are expected. They are tools for effective advocacy and not signs of weakness. Clients have no right to demand that lawyers abuse anyone or engage in any offensive or improper conduct.

Cross-References: R. Prof. Cond. Preamble [5]; R. Prof. Cond. 1.2(a); R. Prof. Cond. 1.2(d); R. Prof. Cond. 1.4(a)(5).

3. Lawyers shall not, without an adequate factual basis, attribute to other counsel or the court improper motives, purpose, or conduct. Lawyers should avoid hostile, demeaning, or humiliating words in written and oral communications with adversaries. Neither written submissions nor oral presentations should disparage the integrity, intelligence, morals, ethics, or personal behavior of an adversary unless such matters are directly relevant under controlling substantive law.

Comment: Hostile, demeaning, and humiliating communications include all expressions of discrimination on the basis of race, religion, gender, sexual orientation, age, handicap, veteran status, or national origin, or casting aspersions on physical traits or appearance. Lawyers should refrain from acting upon or manifesting bigotry, discrimination, or prejudice toward any participant in the legal process, even if a client requests it.

Lawyers should refrain from expressing scorn, superiority, or disrespect. Legal process should not be issued merely to annoy, humiliate, intimidate, or harass. Special care should be taken to protect witnesses, especially those who are disabled or under the age of 18, from harassment or undue contention.

Cross-References: R. Prof. Cond. Preamble [5]; R. Prof. Cond. 3.1; R. Prof. Cond. 3.5; R. Prof. Cond. 8.4; R. Civ. P. 10(h); R. Civ. P. 12(f); R. App. P. 24(k); R. Crim. P. 33(a); Fed. R. Civ. P. 12(f).

4. Lawyers shall never knowingly attribute to other counsel a position or claim that counsel has not taken or seek to create such an unjustified inference or otherwise seek to create a “record” that has not occurred.

Cross-References: R. Prof. Cond. 3.1; R. Prof. Cond. 3.3(a)(1); R. Prof. Cond. 3.5(a); R. Prof. Cond. 8.4(c); R. Prof. Cond. 8.4(d).

5. Lawyers shall not lightly seek sanctions and will never seek sanctions against or disqualification of another lawyer for any improper purpose.

Cross-References: R. Prof. Cond. 3.1; R. Prof. Cond. 3.2; R. Prof. Cond. 8.4(c); R. Prof. Cond. 8.4(d); R. Civ. P. 11(c); R. Civ. P. 16(d); R. Civ. P. 37(a); Fed. R. Civ. P. 11(c)(2).

6. Lawyers shall adhere to their express promises and agreements, oral or written, and to all commitments reasonably implied by the circumstances or by local custom.

Cross-References: R. Prof. Cond. 1.1; R. Prof. Cond. 1.3; R. Prof. Cond. 1.4(a), (b); R. Prof. Cond. 1.6(a); R. Prof. Cond. 1.9; R. Prof. Cond. 1.13(a), (b); R. Prof. Cond. 1.14; R. Prof. Cond. 1.15; R. Prof. Cond. 1.16(d); R. Prof. Cond. 1.18(b), (c); R. Prof. Cond. 2.1; R. Prof. Cond. 3.2; R. Prof. Cond. 3.3; R. Prof. Cond. 3.4(c); R. Prof. Cond. 3.8; R. Prof. Cond. 5.1; R. Prof. Cond. 5.3; R. Prof. Cond. 8.3(a), (b); R. Prof. Cond. 8.4(c); R. Prof. Cond. 8.4(d).

7. When committing oral understandings to writing, lawyers shall do so accurately and completely. They shall provide other counsel a copy for review, and never include substantive matters upon which there has been no agreement, without explicitly advising other counsel. As drafts are exchanged, lawyers shall bring to the attention of other counsel changes from prior drafts.

Comment: When providing other counsel with a copy of any negotiated document for review, a lawyer should not make changes to the written document in a manner calculated to cause the opposing party or counsel to overlook or fail to appreciate the changes. Changes should be clearly and accurately identified in the draft or otherwise explicitly brought to the attention of other counsel. Lawyers should be sensitive to, and accommodating of, other lawyers’ inability to make full use of technology and should provide hard copy drafts when requested and a redline copy, if available.

Cross-References: R. Prof. Cond. 3.4(a); R. Prof. Cond. 4.1(a); R. Prof. Cond. 8.4(c); R. Prof. Cond. 8.4(d); R. App. P. 11(f).

8. When permitted or required by court rule or otherwise, lawyers shall draft orders that accurately and completely reflect the court’s ruling. Lawyers shall promptly prepare and submit proposed orders to other counsel and attempt to reconcile any differences before the proposed orders and any objections are presented to the court.

Cross-References: R. Prof. Cond. 3.2; R. Prof. Cond. 8.4; R. Civ. P. 7(f); R. Third District Court 10-1-306(6).

9. Lawyers shall not hold out the potential of settlement for the purpose of foreclosing discovery, delaying trial, or obtaining other unfair advantage, and lawyers shall timely respond to any offer of settlement or inform opposing counsel that a response has not been authorized by the client.

Cross-References: R. Prof. Cond. 3.2; R. Prof. Cond. 3.4(a); R. Prof. Cond. 4.1(a); R. Prof. Cond. 8.4(c); R. Prof. Cond. 8.4(d).

10. Lawyers shall make good faith efforts to resolve by stipulation undisputed relevant matters, particularly when it is obvious such matters can be proven, unless there is a sound advocacy basis for not doing so.

Cross-References: R. Prof. Cond. 3.1; R. Prof. Cond. 3.2; R. Prof. Cond. 3.4(d); R. Prof. Cond. 8.4(d); R. Third District Court 10-1-306 (1)(A); Fed. R. Civ. P. 16(2)(C).

11. Lawyers shall avoid impermissible ex parte communications.

Cross-References: R. Prof. Cond. 1.2; R. Prof. Cond. 2.2; R. Prof. Cond. 2.9; R. Prof. Cond. 3.5; R. Prof. Cond. 5.1; R. Prof. Cond. 5.3; R. Prof. Cond. 8.4(a); R. Prof. Cond. 8.4(d); R. Civ. P. 77(b); R. Juv. P. 2.9(A); Fed. R. Civ. P. 77(b).

12. Lawyers shall not send the court or its staff correspondence between counsel, unless such correspondence is relevant to an issue currently pending before the court and the proper evidentiary foundations are met or as such correspondence is specifically invited by the court.

Cross-References: R. Prof. Cond. 3.5(a); R. Prof. Cond. 3.5(b); R. Prof. Cond. 5.1; R. Prof. Cond. 5.3; R. Prof. Cond. 8.4(a); R. Prof. Cond. 8.4(d).

13. Lawyers shall not knowingly file or serve motions, pleadings or other papers at a time calculated to unfairly limit other counsel’s opportunity to respond or to take other unfair advantage of an opponent, or in a manner intended to take advantage of another lawyer’s unavailability.

Cross-References: R. Prof. Cond. 8.4(c); R. Juv. P. 19.

14. Lawyers shall advise their clients that they reserve the right to determine whether to grant accommodations to other counsel in all matters not directly affecting the merits of the cause or prejudicing the client’s rights, such as extensions of time, continuances, adjournments, and admissions of facts. Lawyers shall agree to reasonable requests for extension of time and waiver of procedural formalities when doing so will not adversely affect their clients’ legitimate rights. Lawyers shall never request an extension of time solely for the purpose of delay or to obtain a tactical advantage.

Comment: Lawyers should not evade communication with other counsel, should promptly acknowledge receipt of any communication, and should respond as soon as reasonably possible. Lawyers should only use data-transmission technologies as an efficient means of communication and not to obtain an unfair tactical advantage. Lawyers should be willing to grant accommodations where the use of technology is concerned, including honoring reasonable requests to retransmit materials or to provide hard copies.

Lawyers should not request inappropriate extensions of time or serve papers at times or places calculated to embarrass or take advantage of an adversary.

Cross-References: R. Prof. Cond. 1.2(a); R. Prof. Cond. 2.1; R. Prof. Cond. 3.2; R. Prof. Cond. 8.4; R. Juv. P. 54.

15. Lawyers shall endeavor to consult with other counsel so that depositions, hearings, and conferences are scheduled at mutually convenient times. Lawyers shall never request a scheduling change for tactical or unfair purpose. If a scheduling change becomes necessary, lawyers shall notify other counsel and the court immediately. If other counsel requires a scheduling change, lawyers shall cooperate in making any reasonable adjustments.

Comment: When scheduling and attending depositions, hearings, or conferences, lawyers should be respectful and considerate of clients’ and adversaries’ time, schedules, and commitments to others. This includes arriving punctually for scheduled appointments. Lawyers should arrive sufficiently in advance of trials, hearings, meetings, depositions, and other scheduled events to be prepared to commence on time. Lawyers should also advise clients and witnesses concerning the need to be punctual and prepared. Lawyers who will be late for a scheduled appointment or are aware that another participant will be late, should notify the court, if applicable, and all other participants as soon as possible.

Cross-References: R. Prof. Cond. 3.2; R. Prof. Cond. 3.4; R. Prof. Cond. 5.1; R. Prof. Cond. 8.4(a); R. Juv. P. 20; R. Juv. P. 20A.

16. Lawyers shall not cause the entry of a default without first notifying other counsel whose identity is known, unless their clients’ legitimate rights could be adversely affected.

Cross-References: R. Prof. Cond. 8.4; R. Civ. P. 55(a); Fed. R. Civ. P. 55(b)(2).

17. Lawyers shall not use or oppose discovery for the purpose of harassment or to burden an opponent with increased litigation expense. Lawyers shall not object to discovery or inappropriately assert a privilege for the purpose of withholding or delaying the disclosure of relevant and non-protected information.

Cross-References: R. Prof. Cond. 3.1; R. Prof. Cond. 3.2; R. Prof. Cond. 3.4; R. Prof. Cond. 4.1; R. Prof. Cond. 4.4(a); R. Prof. Cond. 8.4; R. Civ. P. 26(b)(1); R. Civ. P. 26(b)(8)(A); R. Civ. P. 37(a)(1)(A), (D); R. Civ. P. 37(c); R. Crim. P. 16(b); R. Crim. P. 16(c); R. Crim. P. 16(d); R. Crim. P. 16(e); R. Juv. P. 20; R. Juv. P. 20A; R. Juv. P. 27(b); Fed. R. Civ. P. 26(b)(1); Fed. R. Civ. P. 26(g)(1)(B)(ii), (iii).

18. During depositions lawyers shall not attempt to obstruct the interrogator or object to questions unless reasonably intended to preserve an objection or protect a privilege for resolution by the court. "Speaking objections" designed to coach a witness are impermissible. During depositions or conferences, lawyers shall engage only in conduct that would be appropriate in the presence of a judge.

Cross-References: R. Prof. Cond. 3.2; R. Prof. Cond. 3.3(a)(1); R. Prof. Cond. 3.4; R. Prof. Cond. 3.5; R. Prof. Cond. 8.4; R. Civ. P. 30(c)(2); R. Juv. P. 20; R. Juv. P. 20A; Fed. R. Civ. P. 30(c)(2); Fed. R. Civ. P. 30(d)(2); Fed. R. Civ. P. 30(d)(3)(A.

19. In responding to document requests and interrogatories, lawyers shall not interpret them in an artificially restrictive manner so as to avoid disclosure of relevant and non-protected documents or information, nor shall they produce documents in a manner designed to obscure their source, create confusion, or hide the existence of particular documents.

Cross-References: R. Prof. Cond. 3.2; R. Prof. Cond. 3.4; R. Prof. Cond. 8.4; R. Prof. Cond. 3.4; R. Civ. P. 26(b)(1; R. Civ. P. 37; R. Crim. P. 16(a); R. Juv. P. 20; R. Juv. P. 20A; Fed. R. Civ. P. 37(a)(4).

20. Lawyers shall not authorize or encourage their clients or anyone under their direction or supervision to engage in conduct proscribed by these Standards.

Adopted by Supreme Court order October 16, 2003.

As used in this article:

(a) “Bar” means the Utah State Bar;

(b) “Bar member” means a lawyer who has been admitted to the Bar and who holds a current license;

(c) “Board” means the Professionalism and Civility Counseling Board;

(d) “complainant” means a person, judge, or OPC counsel who files a complaint with the Board;

(e) “complaint” means any written allegation of one or more violations of the Code of Civility and Professionalism;

(f) “judge” means a government official with authority to decide matters of law and questions of fact brought before the courts and governmental agencies.

(g) “OPC counsel” means the Office of Professional Conduct of the Utah State Bar;

(h) “referral” means a communication to the Board by a judge or OPC counsel concerning one or more Bar members whose conduct may be in violation of the Code of Civility and Professionalism.

(i) “respondent” means a lawyer who is the subject of a complaint or a referral;

(j) “Standards” means the Standards of Professionalism and Civility, as set forth in Rule 14-301; and

(k) “Supreme Court” means the Utah Supreme Court.

(a) Professionalism and Civility Counseling Board.

(a)(1)Composition. Members of the Board shall be appointed by the Supreme Court. The Board shall consist of seven Bar members. Appointments shall be based on stature in the legal community and experience in legal professionalism and civility matters.

(a)(1)(A) At least one of the appointees shall have transactional experience, and at least one shall have small-firm or sole-practitioner experience.

(a)(1)(B) Members shall be appointed to serve staggered four-year terms. In the event of a mid-term vacancy, the Supreme Court shall appoint a new member to serve for the remainder of the term. No member may serve more than two full consecutive terms on the committee unless appointed by the Supreme Court as the committee chair.

(a)(1)(C) The Utah Supreme Court will appoint one of the Board members as chair.

(a)(2) Authority and Responsibility. The Board shall have authority to:

(a)(2)(A) receive, evaluate, address, and resolve complaints made by Bar members and judges concerning Bar members’ professionalism and civility;

(a)(2)(B) counsel Bar members in response to complaints by other Bar members, referrals from judges, or OPC counsel;

(a)(2)(C) counsel Bar members who request advice on their own obligations under the Standards;

(a)(2)(D) provide CLE and otherwise educate Bar members on the Standards; and

(a)(2)(E) publish advice and information relating to the work of the Board.

(b) Submission of Complaints and Questions Regarding Professionalism and Civility.

(b)(1) A Bar member, a judge, or OPC counsel may submit a complaint to the Professionalism and Civility Counseling Board concerning the professionalism or civility of Bar members. Members of the public may submit a complaint under this provision only through a referral from a judge or OPC counsel.

(b)(2) To submit a complaint to the Board concerning the conduct of another Bar member, the complainant shall deliver a letter or email to the Board that contains:

(b)(2)(A) the name of and contact information for the respondent and complainant;

(b)(2)(B) a description of the conduct that is the subject of the complaint; and

(b)(2)(C) complainant’s signature.

(b)(3) The Board shall not consider anonymous complaints or referrals about Bar members.

(b)(4) Bar members may submit questions or requests for counseling concerning the member’s own conduct. These need not be in writing, but may be made by telephone or personal visit with members of the Board.

(b)(5) Submission of a complaint from a judge may be made by telephone. A judge's submission of a complaint does not independently form the basis for disqualification of the judge.

(b)(6) Lawyers filing complaints or seeking the assistance of the Board shall do so only in good faith and not for the purposes of harassment or to attain a strategic or tactical advantage.

(c) Procedure.

(c)(1) The Board may develop its own procedures based on the purposes of this Rule and the Board’s experience. Adherence to formal rules of procedure or evidence is not required. The Board may address a complaint or referral by whatever means it determines to be best.

(c)(2) When the Board deems it appropriate, matters may be addressed by panels of three Board members.

(c)(3) Within 30 days of receipt of a complaint or referral, the Board shall notify the complainant that the complaint or referral has been received and may indicate the manner in which the Board intends to address the issue and the general timing that is anticipated.

(c)(4) Except as authorized by this rule or Rule 14-515(a)(4), the contents of statements, communications or opinions made by any participant shall be kept confidential.

(c)(5) Board members may communicate freely and directly with lawyers, judges, OPC counsel, clients, or other witnesses involved in the matter concerning the relevant facts and the application or interpretation of the Standards.

(c)(6)The Board may inform the respondent of relevant factual assertions that the Board may address and include a copy of the complaint or written referral. The Board may also investigate underlying facts or counsel lawyers by reference to facts or assertions learned in the process of its efforts.

(c)(7) Any failure or refusal by the respondent to respond to a request or instruction from the Board may result in the Board reporting such failure or refusal to OPC counsel, which may result in a referral to OPC for possible violations of the Rules of Professional Conduct.

(d) Resolution and Written Advisories.

(d)(1) The Board may resolve a matter as it deems appropriate, including by:

(d)(1)(A) issuing a written advisory to the lawyers involved, with reference to applicable Standards and a copy of the written advisory, including identifying information, provided to the lawyers involved in the matter and, at the Board’s discretion, to OPC counsel. The Board may also provide a copy of the written advisory to supervisors, employers, or agencies whose lawyers have been the subject of a complaint;

(d)(1)(B) conducting a personal meeting with the lawyer or lawyers and the Board;

(d)(1)(C) counseling the Board provides by telephone or other means; or

(d)(1)(D) terminating a proceeding it believes has been initiated or utilized in bad faith or for an improper purpose.

(d)(2) When a matter has come to the Board from a judicial referral, the Board shall, upon resolution of the matter, report to the judge the manner in which the matter was resolved, including, where applicable, a copy of the written advisory.

(e) Publication and Reporting.

(e)(1) The Board may disclose the general nature of matters that come before it for the benefit of Bar members and the public, but may not identify names or uniquely identifying facts. A disclosure may be made through publication or other means of public dissemination, including CLE presentations or posting to a webpage, and should include a sufficient description of the conduct at issue to convey the basis for the Board’s advice.

(e)(2) The Board shall report annually to the Supreme Court its operations for the year, the Standards it has interpreted, the advice and counseling it has given and any trends it believes important for the Supreme Court to be informed about. It should also make suggestions to the Supreme Court as to possible changes to the Standards.

(e)(3) The Board shall periodically publish summaries or selected portions of its written advisories in the Utah Bar Journal for the benefit of Bar members. Published written advisories shall not include the names or uniquely identifying facts such as the parties to a proceeding. The Board shall also maintain a public webpage under the auspices of the Supreme Court or the Bar that provides a database of the advisories transmitted to the Utah Bar Journal for publication.

As used in this article:

(a) “ABA” means the American Bar Association;

(b) “Active Practice” means work performed by an attorney holding an “active” status law license and having professional experience and responsibilities involving the Full-time Practice of Law as defined in paragraphs (y) and (nn). Active Practice includes any of the following activities provided that such activities are available only to licensed attorneys:

(1) sole practitioner, or partner, shareholder, associate, or of counsel in a law firm;

(2) an organization’s employee whose principal duties are to provide legal advice or service;

(3) government employee whose principal duties are to provide legal advice or service;

(4) service in the United States armed forces as a lawyer or judge;

(5) judge of a court of general or appellate jurisdiction provided that such employment requires admission to the bar for the appointment thereto and for the performance of the duties thereof;

(6) law clerk to a judge of a court of general or appellate jurisdiction; or

(7) pro bono work done under authorization of Rule 4-803.

The Active Practice of law does not include work that, as undertaken, constitutes the unauthorized practice of law in the jurisdiction in which it was performed or in the jurisdiction in which the clients receiving the unauthorized services were located, nor does it include work completed in advance of any bar admission.

(c) “Admissions Committee” means those Utah State Bar licensees or others appointed by the Board or president of the Bar who are charged with recommending standards and procedures for admission to the Bar and with implementation of this article. The Admissions Committee is responsible for supervising the work of the Bar Examiner Committee, the Test Accommodations Committee, and the Character and Fitness Committee, handling requests for review as provided herein and performing other work relating to Applicant admissions.

(d) “Alternate Path” means the demonstration of minimum competence required for licensure by means other than the Bar Examination.

(e) “Alternate Path Examination” means an exam administered by the Utah State Bar to each Applicant pursuing the Alternate Path to test the Applicant’s skills in specific areas of minimum competence. Specifically, the Alternate Path Examination requires the Applicant to demonstrate:

(1) an understanding of legal processes and sources of law;

(2) the ability to interpret legal materials;

(3) the ability to identify legal issues; and

(4) the ability to communicate as a lawyer.

(f) “Applicant” means each person requesting admission to the Bar. For purposes of this article, an Applicant is classified as a Student Applicant, a Foreign Law School Applicant, an Attorney Applicant, a Motion Applicant, a UBE Transfer Applicant, a Delicensed Attorney Applicant, a Foreign Legal Consultant Applicant, a House Counsel Applicant, a Formerly-Admitted Applicant, a Military Lawyer Applicant, or a Military Spouse Attorney Applicant.

(g) “Approved Law School” means a law school which is fully or provisionally approved by the ABA pursuant to its Standards and Rules of Procedure for Approval of Law Schools. To qualify as approved, the law school must have been fully or provisionally approved at the time of the Applicant’s graduation, or at the time of the Applicant’s enrollment, provided the Applicant graduated within a typical and reasonable time.

(h) “Attorney Applicant” means any person who satisfies the requirements of Rule 4-704.

(i) “Bar” means the Utah State Bar, including its employees, committees and the Board.

(j) “Bar Examination” means the Bar Examination as defined in Rules 4-710 and 4-711.

(k) “Bar Examiner Committee” means those Bar licensees or others appointed by the Board or president of the Bar who are charged with grading the Bar Examination.

(l) “Board” means the Board of Bar Commissioners.

(m) “Character and Fitness Committee” means those Bar licensees or others appointed by the Board or president of the Bar who are charged with assessing and determining the character and fitness of Applicants.

(n) “Complete Application” means an application that includes all fees and necessary application forms, along with any required supporting documentation, a photo, an official certificate of law school graduation and if applicable, a test accommodation request with supporting medical documentation, a certificate of admission and/or good standing, and a certificate of discipline.

(o) “Confidential Information” is defined in Rule 4-720(a).

(p) “Deputy General Counsel for Admissions” or “Deputy General Counsel” are terms used interchangeably to mean the Bar’s attorney in charge of admissions or that person’s designee.

(q) “Delicensed Attorney Applicant” means a person previously licensed to practice law in Utah and who is no longer licensed to practice law because of delicensure or resignation with discipline pending or their equivalent and who satisfies the requirements of Rules 4-708(g) and 4-717.

(r) “Executive Director” means the executive director of the Utah State Bar or that person’s designee.

(s) “Experiential Learning” means simulation courses, law clinics, and field placements that are primarily experiential in nature and:

(1) integrate doctrine, theory, skills, and legal ethics, and engage students in performance of one or more of the professional skills identified in ABA Standard 302;

(2) develop the concepts underlying the professional skills being taught;

(3) provide multiple opportunities for performance;

(4) provide opportunities for student performance, self-evaluation, and feedback from a faculty member, or, for a field placement, a site supervisor;

(5) provide a classroom instructional component; or, for a field placement, a classroom instructional component, regularly scheduled tutorials, or other means of ongoing, contemporaneous, faculty-guided reflection; and

(6) provide direct supervision of the student’s performance by the faculty member; or, for a field placement, provide direct supervision of the student’s performance by a faculty member or a site supervisor.

(t) “Final semester” means the last semester in which the Applicant earns credits towards graduation; if the Applicant does not pass coursework and is required to complete coursework in a future semester, the starting date for supervised hours will be reset accordingly.

(u) “First Professional Degree” means a degree that prepares the holder for admission to the practice of law (e.g., juris doctorate) by emphasizing competency skills along with theory and analysis. An advanced, focused, or honorary degree in law is not recognized as a First Professional Degree (e.g., master of laws or doctor of laws).

(v) “Foreign Law School” means any school located outside of the United States and its protectorates, that is accredited by that jurisdiction’s legal accreditation body, if one exists, where principles of English Common Law form the predominant basis for that country’s system of jurisprudence, and whose graduates are otherwise permitted by that jurisdiction’s highest court to practice law.

(w) “Foreign Legal Consultant Applicant” means any Applicant who satisfies the requirements of Rule 4-718.

(x) “Formerly-Admitted Applicant” means a person previously licensed to practice law in Utah who is no longer licensed to practice law because of resignation without discipline pending, failure to pay licensing fees for three or more years under Rule 4-107(b)(4), or failure to comply with MCLE requirements for three or more years under Rule 11-615 and who satisfies the requirements of Rule 4-717.

(y) “Full-time Practice” means the Active and lawful Practice of Law for no fewer than 80 hours per month. Time spent on administrative or managerial duties, continuing legal education, or client development and marketing does not qualify as part of the required 80 hours of legal work.

(z) “General Counsel” means the General Counsel of the Utah State Bar or that person’s designee.

(aa) “House Counsel Applicant” means any Applicant who satisfies the requirements of Rule 4-719.

(bb) “House Counsel” means a person granted a license under Rule 4-719.

(cc) “Inactive” means an attorney’s law license is held in “inactive status” or an equivalent term.

(dd) “MBE” means the Multistate Bar Examination prepared by the NCBE.

(ee) “MEE” means the Multistate Essay Examination prepared by the NCBE.

(ff) “Military Lawyer Applicant” means any Applicant who satisfies the requirements of Rule 4-804.

(gg) “Military Spouse Attorney Applicant” means any Applicant who satisfies the requirements of Rule 4-805.

(hh) “Motion Applicant” means any person who satisfies the requirements of Rule 4-705.

(ii) “MPRE” means the Multistate Professional Responsibility Examination prepared by the NCBE.

(jj) “MPT” means the Multistate Performance Test prepared by the NCBE.

(kk) “NCBE” means the National Conference of Bar Examiners, an organization that develops, maintains, and applies reasonable and uniform standards of bar examination education and testing.

(ll) “OPC” means the Office of Professional Conduct.

(mm) “Person” includes the plural as well as the singular and legal entities as well as natural persons.

(nn) “Practice of Law” means employment available only to licensed attorneys where the primary duty of the position is to represent the interests of another person by informing, counseling, advising, assisting, advocating for or drafting documents for that person through application of the law and associated legal principles to that person’s facts and circumstances. The Practice of Law constitutes more than merely working with legally-related matters.

(oo) “Privileged Information” in this article includes: information subject to the attorney-client privilege, attorney work product, test materials, investigative reports from the NCBE, and applications of examinees; correspondence and written decisions of the Board, Admissions Committee, Bar Examiner Committee, Character and Fitness Committee, and Test Accommodations Committee; and the identity of individuals participating in the grading and scoring of the Bar Examination or Alternate Path Examination.

(pp) “Professional Responsibility” means one course of at least two credit hours in professional responsibility that includes substantial instruction in rules of professional conduct, and the values and responsibilities of the legal profession and its members.

(qq) “Qualified Supervising Attorney” means a person who is:

(1) An attorney who has:

(A)An active Utah Bar license;

(B) A minimum of 5 years as a licensed attorney in any U.S. state, U.S. territory, or the District of Columbia;

(C)A minimum of 2 years as a licensed attorney in the State of Utah; and

(D)No record of public discipline in any jurisdiction in the United States; or

(2) A state court or federal court judge; or

(3) Approved by the Admissions Office to serve as a Qualified Supervisor Attorney. Approval is granted on a case-by-case basis for Applicants such as federal employees or military employees who are working in capacities where identifying a Qualified Supervising Attorney who satisfies the first or second conditions of this paragraph may prove overly burdensome and where the Applicant can demonstrate a reasonable basis for desiring admission to the Utah State Bar.

The burden is on the Applicant to petition for such approval, and the Bar Admissions Office has sole discretion to grant or deny such petitions.

(rr) “Reapplication for Admission” means that for two years after the filing of an original application, an Applicant may reapply by completing a Reapplication for Admission form updating any information that has changed since the prior application was filed.

(ss) “Successfully complete” means earning a passing grade for which academic credit is awarded.

(tt) “Student Applicant” means any person who satisfies the requirements of Rule 4-703 who has never been admitted as an attorney in any jurisdiction.

(uu) “Supreme Court” means the Utah Supreme Court.

(vv) “Test Accommodations Committee” means those Bar licensees or others appointed by the Board or president of the Bar who are charged to review and determine requests from Applicants seeking to take the Bar Examination or Alternate Path Examination with test accommodations.

(ww) “Unapproved Law School” means a law school that is not fully or provisionally approved by the ABA. For an Unapproved Law School’s graduates to be eligible for admission, the law school must be accredited in the jurisdiction where it exists and provide legal education that is the substantial equivalent of the legal education provided by an Approved Law School. The burden is on the Applicant to demonstrate the Unapproved Law School meets this definition.

(xx) “UBE” means the Uniform Bar Examination as prepared by the NCBE.

(1) Legacy UBE is the exam prepared by the NCBE consisting of the MEE, MPT, and MBE, which will not be administered after February 2028.

(2) NextGen UBE is the exam prepared by the NCBE to test foundational lawyering skills, which will be administered starting in July 2026.

(yy) “UBE Transfer Applicant” means any person who satisfies the requirements of Rule 4-712.

(zz) “Updated Application” means that an Applicant is required to amend and update their application on an ongoing basis and correct any information that has changed since the application was filed.

(aaa) “Written Component” means that portion of the Bar Examination that consists of MEE and MPT questions.

(a) Admission to the Bar. The Board will recommend and certify to the Supreme Court for admission to the Bar persons who possess the necessary qualifications of learning, ability, and character which are a prerequisite to the privilege of engaging in the Practice of Law, and who fulfill the requirements for admission to the Bar as provided by this article.

(b) Subpoena power. The Executive Director, General Counsel, and the Deputy General Counsel have power to issue subpoenas for the attendance of witnesses or for the production of documentary evidence before the Board or before anyone authorized to act on its behalf.

(c) Administration of oaths. Members of the Board, the Executive Director, and their designees have power to administer oaths in furtherance of this article.

(d) Taking of testimony. Members of the Board, the Executive Director, and their designees have the power to take testimony in furtherance of this article.

(e) Regulations. The Board is empowered to appoint committees or persons who may adopt and enforce reasonable regulations and policies in furtherance of this article.

(f) Waiver of rules. Neither the Bar nor its representatives has authority to waive any rule. Waiver of any rule may only be obtained by petitioning the Supreme Court pursuant to Rule 14-722.

(a) Requirements of Student Applicants. The burden of proof is on the Applicant to establish by clear and convincing evidence that the Applicant:

(1) has paid the prescribed fees and timely filed the required Complete Application as a Student Applicant in accordance with Rule 14-707;

(2) is at least 21 years old;

(3) has graduated with a First Professional Degree in law from an Approved Law School;

(4) is of good moral character and satisfies the requirements of Rule 14-708;

(5) has successfully passed the MPRE and either:

(i) successfully passed the Bar Examination; or

(ii) is qualified for, and has completed the requirements of, the Alternate Path for Student Applicants under Rule 14-703A;

(6) has a proven record of ethical, civil and professional behavior; and

(7) complies with the provisions of Rule 14-716 concerning licensing and enrollment fees.

The Alternate Path provides a path to Utah Bar licensure based on ensuring that data-based measures of minimum competence to practice law have been demonstrated by the Applicant rather than minimum competence demonstrated by a single standardized exam.

(a) Qualifications. To qualify to pursue the Alternate Path, an Applicant must:

(1) elect the Alternate Path at the time of application to the Utah State Bar;

(2) have graduated from an ABA-Accredited law school no more than five years prior to the date of application; and

(3) have not sat previously for a bar examination in Utah or in any other U.S. state, U.S. territory, or the District of Columbia.

(b) Educational course requirements.

(1) An Applicant must have successfully completed the following experiences and courses:

(A) First-year writing experience that meets ABA Standard 303(a)(2);

(B) Upper-division writing experience that meets ABA Standard 303(a)(2);

(C) Legal research;

(D) Civil procedure;

(E) Constitutional law;

(F) Contracts;

(G) Criminal law;

(H) Property;

(I) Torts; and

(J) Professional Responsibility.

(2) An Applicant must have successfully completed at least three of the following four courses:

(A) Administrative law;

(B) Business law, which includes business associations, business organizations, or corporations;

(C) Evidence; or

(D) Legislation regulation, statutory interpretation, or legislative process.

(3) An Applicant must have successfully completed three of the following nine courses, but the Applicant may not repeat a subject.

(A) Bankruptcy;

(B) Conflict of Laws ;

(C) Criminal Procedure;

(D) Estates, Trusts, and/or Wills;

(E) Family Law;

(F) Federal Courts;

(G) Intellectual Property;

(H) Commercial Law (e.g., Secured Transactions);

(I) Tax; or

(J) one course from paragraph (b)(2) if the Applicant completes all four of the courses in that paragraph.

(4) An Applicant must have completed at least six credits of Experiential Learning.

(5) An Applicant must demonstrate the ability to conduct legal research through:

(A) Completion of one credit of legal research through either:

(i) A legal research course; or

(ii) The combination of a first-year legal writing class with an upper-division class, provided that the Registrar certifies that together, the courses amount to one credit of legal research instruction as defined by the ABA; and

(B) Completion of either:

(i) 40 hours of legal research during Supervised Practice Hours post-graduation; or

(ii) An advanced legal research course that is at least one credit, or a doctrinal class that is taken after earning 28 credits toward graduation that contains at least one credit worth of legal research. The same course cannot be used to meet the requirements of paragraphs (b)(5)(A) and (b)(5)(B).

(6) An Applicant who has already graduated from an ABA-Approved Law School and did not complete the above required courses prior to graduation must either:

(A) Meet the above course requirements by completing the courses as a post-graduate student; or

(B) Sit for and pass the Bar Examination.

(c) Well-being for lawyers training. To prepare for the stresses of legal practice and to promote the well-being of licensees of the Utah Bar, an Applicant must complete a six-hour well-being training created and administered by the Bar.

(d) Self-directed learning. To prepare for the need for self-directed learning in legal practice, an Applicant must complete a two-hour self-directed learning module provided by the Bar.

(e) Alternate Path Examination.An Applicant must pass the Alternate Path Examination to be admitted to the Bar.

(f) Final survey. An Applicant must complete a final survey upon completion of the Alternate Path program requirements.

(g) Supervised Practice Hours.

(1) The purpose of the Supervised Practice Hours requirement is to provide Applicants with supervised training in the practice of law and to assist the Bar and the judiciary in discharging their responsibilities to help create a just legal system that is accessible to all.

(2) An Applicant must complete 240 Supervised Practice Hours under the supervision of a Qualified Supervising Attorney, with the following requirements:

(A) 20 hours must be client-facing; and

(B) 50 hours must be pro bono services

(i) An Applicant who completes the Supervised Practice Hours in government or non-profit service may meet the 240-hour requirement without providing pro bono services.

(3) If an Applicant chooses to complete 40 hours of legal research during Supervised Practice Hours post-graduation to demonstrate the Applicant’s ability to conduct legal research as allowed by these rules, those 40 hours will count toward the total 240 Supervised Practice Hours required.

(4) All Supervised Practice Hours must be completed within 12 months of the application deadline for Bar admission for which the Applicant applied.

(5) No Supervised Practice Hours may be completed until after the last day of final exams on the Applicant’s law school’s academic calendar during the Applicant’s final semester of coursework.

(6) Prior to beginning Supervised Practice Hours, an Applicant must:

(A) Obtain the consent of the Qualified Supervising Attorney;

(B) Provide to the Admissions Office the Qualified Supervising Attorney’s name; and

(C) Provide to the Admissions Office a signed and dated letter from the Qualified Supervising Attorney stating that the attorney is qualified and willing to serve as a Qualified Supervising Attorney and has read and understands the rules contained in Rule 14-703A.

(7) An Applicant’s Supervised Practice Hours must be recorded in one-tenth increments and submitted pursuant to requirements established by the Admissions Office.

(8) Upon completing the Supervised Practice Hours, an Applicant must provide a statement from the Qualified Supervising Attorney attesting to the veracity of the Applicant’s submitted record. If the Applicant has more than one Qualified Supervising Attorney, each Qualified Supervising Attorney must sign the portion of the record they supervised.

(9) Completion of the Supervised Practice Hours does not excuse the Applicant from completing the requirements currently imposed upon newly admitted attorneys, including the requirements of the New Lawyer Training Program (if applicable), and Supervised Practice Hours do not count toward any post-admission requirements.

(10) The Qualified Supervising Attorney is responsible for ensuring that the Applicant’s Supervised Practice Hours comply with this rule. The Supervised Practice Hours requirement provides an opportunity for the Qualified Supervising Attorney to demonstrate professionalism and impart principles of ethics, civility, and service that should characterize all members of the Bar. This training can be accomplished only if the Qualified Supervising Attorney is actively involved in the process. The Qualified Supervising Attorney may delegate direct supervision of an Applicant to another attorney who, in the professional judgment of the Qualified Supervising Attorney, would effectively promote these goals. If the Qualified Supervising attorney delegates direct supervision to another attorney, communication between and among the two attorneys and the Applicant should be regular and substantive.

(11) Pro bono programs pre-approved by the Admissions Office for Supervised Practice Hours effectively promote the goals of the Supervised Practice Hours requirement, and a Qualified Supervising Attorney may count hours served by the Applicant in pre-approved programs without the need of express delegation or regular and substantive communication with any attorneys directly supervising the Applicant in those programs.

(12) Subject to the inherent power of each judge to have direct control of the proceedings in court and the conduct of attorneys and others who appear before the judge, the courts of Utah are authorized to allow Applicants pursuing the Alternate Path to participate in matters pending before the courts.

(13) An Applicant’s eligibility to provide services under this rule will terminate immediately upon the Bar’s determination that the Applicant lacks the requisite character and fitness to practice law in Utah.

(14) All time spent in any activity related to developing the Applicant’s legal competence (whether paid, unpaid, pro bono, or low bono) counts toward the Supervised Practice Hours including, but not limited to, representing clients, providing direct assistance and counsel to judges, advising businesses and their employees, developing or implementing policies and practices for nonprofit organizations or government agencies, and meeting with the Qualified Supervising Attorney or attorneys for whom the Qualified Supervising Attorney has delegated direct supervision. CLE courses and other professional trainings or workshops as would be typical of an attorney in that area of practice may be counted towards the Supervised Practice Hours requirement but cannot exceed more than five percent of the Applicant’s total hours (no more than 12 hours total). The determination of whether a specific position or activity qualifies is at the Qualified Supervising Attorney’s discretion.

(15) Subject to all applicable rules, regulations, and statutes, an Applicant may engage in the following activities during the Applicant’s Supervised Practice Hours so long as the client and Qualified Supervising Attorney consent in writing to each activity and the Qualified Supervising Attorney remains fully responsible for the manner in which the activities are conducted:

(A) Negotiate for and on behalf of the client, subject to the Qualified Supervising Attorney’s final approval, or give legal advice to the client, provided that the Applicant:

(i) obtains the Qualified Supervising Attorney’s approval regarding the legal advice to be given or plan of negotiation to be undertaken by the Applicant; and

(ii) performs the activities under the general supervision of the Qualified Supervising Attorney.

(B) Appear on behalf of the client in depositions, provided the Applicant has passed a course in evidence and performs the activity under the direct supervision and in the personal presence of the Qualified Supervising Attorney.

(C) Appear in any court or before any administrative tribunal in this state. In order to participate in any evidentiary hearing, the Applicant must have passed a course in evidence, and in the case of a criminal evidentiary hearing, must have also passed a course in criminal procedure. The Qualified Supervising Attorney’s and the client’s written consent and approval, along with a law school certification regarding the required coursework, must be filed in the record of the case and must be brought to the attention of the judge of the court or the presiding office of the administrative tribunal. In addition, the Applicant must orally advise the court at the initial appearance in a case that the Applicant is certified to appear pursuant to this rule. An Applicant may appear in the following matters:

(i) Civil matters. In civil cases in any court, the Qualified Supervising Attorney is not required to be personally present in court if the person on whose behalf an appearance is being made consents to the Qualified Supervising Attorney’s absence.

(ii) Felony or Class A misdemeanor criminal matters on behalf of the prosecuting attorney. In any felony or Class A misdemeanor prosecution matter in any court, the Qualified Supervising Attorney must be personally present throughout the proceedings, whether the proceeding is in-person or virtual.

(iii) Infraction of Class B or Class C misdemeanor criminal Matters on behalf of the prosecuting Authority. In any infraction or Class B or Class C misdemeanor matter in any court with the Qualified Supervising Attorney’s written approval, the Qualified Supervising Attorney is not required to be personally present in court; however, the Qualified Supervising Attorney must be present during any Class B or Class C misdemeanor trial.

(iv) Felony or Class A misdemeanor criminal defense matters. In any felony or Class A misdemeanor criminal defense matter in any court, the Qualified Supervising Attorney must be personally present throughout the proceedings, whether the proceeding is in-person or virtual.

(v) Infraction or Class B or Class C misdemeanor criminal defense matters. In any infraction or Class B or Class C misdemeanor criminal defense matter in any court, the Qualified Supervising Attorney is not required to be personally present in court, so long as the person on whose behalf an appearance is being made consents to the Qualified Supervising Attorney’s absence; however, the Qualified Supervising Attorney must be present during any Class B or Class C misdemeanor trial.

(vi) Appellate oral argument. In any appellate oral argument, the Qualified Supervising Attorney must be personally present, whether the proceeding is in-person or virtual, and the court must give specific approval for the Applicant’s participation in that case.

(vii) Indigent defense.Provide assistance to indigent inmates of correctional institutions or other persons who request such assistance in preparing applications and supporting documents for post-conviction relief, except when the assignment of counsel in the matter is required by any constitutional provision, statue, or rule of this Court; if there is an attorney of record in the matter, all such assistance must be supervised by the attorney of record, and all documents submitted to the court on behalf of such a client must be reviewed and signed by the attorney of record and the Qualified Supervising Attorney.

(D) Perform other appropriate legal services, but only after prior consultation with the Qualified Supervising Attorney.

(E) Notwithstanding the terms above, the court may at any time and in any proceedings, whether in-person or virtual, require the Qualified Supervising Attorney to be personally present for such period and under such circumstances as the court may direct.

(a) Requirements of Attorney Applicants. The burden of proof is on the Applicant to establish by clear and convincing evidence that the Applicant:

(1) has paid the prescribed fees and filed the required Complete Application as an Attorney Applicant in accordance with Rule 14-707;

(2) is at least 21 years old;

(3) has graduated with a First Professional Degree in law from an Approved Law School;

(4) has been admitted to the practice of law before the highest court of a U.S. state, U.S. territory, or the District of Columbia;

(5) is of good moral character and satisfies the requirements of Rule 14-708;

(6) has successfully passed the MPRE and the Bar Examination;

(7) is licensed in good standing in all jurisdictions where currently admitted;

(8) 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

(9) complies with the provisions of Rule 14-716 concerning licensing and enrollment fees.

(b) Only persons who are active licensees of the Bar in good standing may engage in the practice of law in Utah. However, an Attorney Applicant with a pending Bar application may be eligible to practice for a limited period upon satisfaction of all of the requirements of Rule 14-809 and receipt of a Practice Pending Admission Certificate.

(c) Attorney Applicants from Unapproved Law Schools. An Applicant who does not meet the educational qualifications in Rule 14-704(a)(3) is qualified provided the Applicant establishes by clear and convincing evidence that the Applicant:

(1) complies with the requirements in (a)(1) and (a)(2) and (a)(4) through (a)(9);

(2) has graduated with a First Professional Degree in law from an Unapproved Law School located within a U.S. state, U.S. territory, or the District of Columbia;

(3) has been admitted to the practice of law before the highest court of a U.S state, territory or the District of Columbia for no fewer than seven years, and has been Actively and lawfully engaged in the Full-time Practice of law in one or more jurisdictions where licensed for any five of the seven years immediately preceding the filing of the application.

(d) Attorney Applicants from Foreign Law Schools. The burden of proof is on the Applicant to establish by clear and convincing evidence that the Applicant:

(1) graduated from a Foreign Law School in a country where principles of English common law form the predominant basis for that country's system of jurisprudence;

(2) complies with the requirements in (a)(1), (a)(2) and (a)(5) through (a)(9);

(3) has been admitted to practice law in an English common law jurisdiction;

(4) has been Actively and lawfully engaged in the Full-time Practice of law in an English common law jurisdiction for no fewer than three of the last five years;

(5) has completed with a minimum grade of “C” or its passing equivalent no less than 24 semester hours, or a corresponding amount in quarter hours, at an Approved Law School, within 24 consecutive months. The 24 semester hours must include no less than one course each in a core or survey course of constitutional law, civil procedure, criminal procedure or criminal law, legal ethics, and evidence;

(6) is of good moral character and satisfies the requirements of Rule 14-708;

(7) has successfully passed the MPRE and the Bar Examination; and

(8) complies with the provisions of Rule 14-716 concerning licensing and enrollment fees.

(e) Foreign Attorneys not meeting the requirements of paragraph (c). An attorney not meeting the requirements of paragraph (c) may be eligible for admission only if the attorney meets the requirements of paragraph (a).

(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.

(a) Disabilities and impairments. An Applicant who has mental, physical, or cognitive disabilities as defined by the Americans with Disabilities Act (“ADA”) may request test accommodations. The request, including all supporting medical documentation, must be made in writing at the time of application in the format prescribed by the Bar. The decision on such requests must be made by the Test Accommodations Committee. Test accommodation requests received after the application filing deadline will not be considered until the review period for the examination immediately following the one for which the deadline has passed. An Applicant requesting test accommodations who withdraws within 60 days prior to the examination date may be charged a fee equivalent to any nonrefundable expenses the Bar has incurred responding to the accommodation request. The Applicant must demonstrate that:

(1) the Applicant is disabled as defined by the ADA; and

(2) the disability impacts the Applicant’s ability to take the Bar Examination; and

(3) the accommodation requested is necessary to meet the limitation caused by the disability.

(b) English as a second language. English as a second language is not a cognitive disability or impairment.

(c) Review. An Applicant may request a review of the decision. The review will be conducted in accordance with Rule 14-715.

(1) The review will only reexamine the documentation the Applicant submitted at the time the Applicant requested accommodation and the written determination of the Test Accommodations Committee.

(2) Any attempt to change the original accommodations request or submit new medical documentation will be considered a new request for accommodation. The new request must be resubmitted to the Test Accommodations Committee via the Deputy General Counsel for review and is subject to the deadlines set forth in Rule 14-706(a).

(a) Form. Each Applicant must submit a Complete Application for admission in accordance with the instructions prescribed by the Bar. The application will include an authorization and release enabling the Bar to obtain information concerning the Applicant.

(b) Filing deadlines generally. Except as otherwise provided herein, an Applicant must file a Complete Application by October 1 preceding the February Bar Examination and the March Alternate Path Examinationand by March 1 preceding the July Bar Examination and the August Alternate Path Examination. In accordance with the filing instructions and information for the application, the Bar will not accept late or incomplete applications An applicant requesting permission to file a late application may make such request in writing to the Admissions Committee by 5 days prior to the application deadline.

(1) An Applicant who will complete all law school academic requirements prior to the Bar Examination, but whose law degree will not be conferred until after the application filing deadline may file the certificate of law school graduation after the application has been submitted. The Bar must receive certificates of law school graduation prior to the Bar Examination. If the Bar does not timely receive the certificate of law school graduation, an Applicant will not be permitted to take the Bar Examination.

(2) An Applicant must complete a background investigation as prescribed by Rule 14-708 and procedures prescribed by the Admissions Committee.

(c) Filing deadlines for Delicensed Attorneys. Delicensed Attorneys may not file an application for admission until the later of five years after the effective date of the license revocation or the date specified in the disciplinary order. Delicensed Attorneys must comply with Rule 14-717(b), if applicable. The Delicensed Attorney must complete an Application for Delicensed Attorneys by September 1 preceding the February Bar Examination and by February 1 preceding the July Bar Examination. Late applications for Delicensed Attorneys are not permitted.

(d) Withdrawal of applications and refunds.To withdraw an application, an applicant must provide written notice. If the Admissions Office receives written notice of withdrawal 30 calendar days or more before the examination date, the Applicant will receive one-half of the filing fee, unless the Applicant withdraws after appearing before the Character and Fitness Committee or after the Bar has incurred nonrefundable expenses related to a test accommodation request. Late fees, computer fees, and the application fees of Applicantsnot taking an examinationare nonrefundable.

(e) Postponement of application. An Applicant may only postpone or transfer an application for admission by examination due to emergency circumstances or pursuant to Rule 14-708(b)(4)(A). The Bar may grant an emergency transfer if:

(1) The Applicant provides a written request, including payment of the prescribed transfer fee, prior to the conclusion ofthe examination, and

(2) The Applicant provides proof of the emergency. An emergency under this rule is limited to two circumstances:

(A) a personal medical emergency, or

(B) a death in the immediate family.

(3) The transferring Applicant must specify which future Bar Examination the Applicant plans to take. The Applicant must take the exam within the next two scheduled Bar Examinations or the Bar will close the application.

(4) The Applicant must provide an Updated Application by filing a Reapplication for Admission form, updating any information that has changed since the prior application was filed. The Applicant may have to complete a new background investigation.. The Applicant must file the Reapplication for Admission form by the initial application deadline of October 1 preceding the February Bar Examination or March Alternate Path Examination, and March 1 preceding the July Bar Examination or August Alternate Path Examination. The Bar will not accept late or incomplete applications. An applicant requesting permission to file a late application may make such request in writing to the Admissions Committee by 5 days prior to the application deadline.

(5) An Applicant is entitled to one transfer only.

(f) Retaking the Bar Examination or the Alternate Path Examination. An Applicant who fails the Bar Examination or the Alternate Path Examination may retake the examination by filing a Reapplication for Admission form by the date prescribed by the Bar, updating any information that has changed since the application was filed. The Applicant may have to complete a new background investigation. Late applications will not be accepted.

(g) Closure of application. An Applicant must resolve all application deficiencies and receive character and fitness approval within one year of filing the application or the Deputy General Counsel will close the application. The Character and Fitness Committee or the Admissions Committee may authorize the Deputy General Counsel to hold an application open beyond the one-year deadline.

(a) Standard of character and fitness. An attorney’s conduct should conform to the requirements of the law, both in professional service to clients and in the attorney’s business and personal affairs. An attorney should be one whose record of conduct justifies the trust of clients, adversaries, courts, and others with respect to the professional duties owed to them. An Applicant whose record manifests a significant deficiency in honesty, trustworthiness, diligence, or reliability will be denied admission. The Applicant has the burden of proof to establish by clear and convincing evidence the Applicant’s fitness to practice law. Applicants must be approved by the Character and Fitness Committee prior to sitting for the Bar Examination. The Character and Fitness Committee may withdraw or modify its approval of an application at any time before the Applicant’s admission to the Bar.

(b) Investigative process; investigative interview. Investigations into the character and fitness of Applicants may be informal, but thorough, with the object of ascertaining the truth.

(1) The Character and Fitness Committee may conduct an investigation and may act with or without requiring a personal appearance by an Applicant.

(2) At the discretion of the Character and Fitness Committee, an Applicant may be required to attend an investigative interview conducted by one or more members of the Committee. The investigative interview is informal but the Applicant has the right to counsel and will be notified in writing of the general factual areas of inquiry. Documentary evidence may be provided as part of the investigation, but no witnesses will be permitted to appear during the interview. The interview is a closed proceeding.

(3) After an investigative interview has been conducted, the Applicant will be notified whether or not the Applicant’s application has been approved. Applicants who are not approved will be notified regarding those areas that are of concern to the Committee. An Applicant seeking review of the decision must request a formal hearing within ten calendar days of notice of the Committee’s decision. The request must be made in writing and provided to the Deputy General Counsel. The hearing will be conducted in accordance with Rule 14-708(c).

(4) Corrective action. The Committee may determine that an Applicant must take corrective action before approval of the Applicant’s application can be granted. The Applicant will be notified in writing of the action required. The Applicant must provide written documentation to the Deputy General Counsel proving that the required corrective action has been completed by the deadline specified by the Character and Fitness Committee.

(A) If the documentation is not provided as required by the date specified by the Character and Fitness Committee, the Applicant must, instead, submit to the Deputy General Counsel, a written request to transfer, including the payment of the prescribed transfer fee.

(i) An Applicant who must sit for the Bar Examination must specify which of the next two scheduled Bar Examinations the Applicant intends to take.

(ii) An Applicant who is not required to sit for the Bar Examination does not need to transfer unless the Applicant’s application is due to be closed under Rule 14-707(g). If an Applicant transfers to prevent closure of the application under Rule 14-707(g), closure will be postponed for one year.

(iii) An Applicant is entitled to one transfer only.

(iv) The application of an Applicant who neither takes corrective action nor requests a transfer will be withdrawn.

(c) Formal hearing. In matters where the Character and Fitness Committee decides to convene or an Applicant so requests, the Character and Fitness Committee must hold a formal hearing. The formal hearing will be a closed proceeding and may be scheduled whether or not preceded by an investigative interview.

(1) A formal hearing will be attended by no fewer than three Character and Fitness Committee members. Five calendar days before the hearing, the Applicant and the Committee must provide a list of witnesses and a copy of any exhibits to be offered into evidence. If an Applicant chooses to submit a written statement, it must also be filed five calendar days before the hearing.

(2) Written notice of the formal hearing will be given at least ten calendar days before the hearing. Notice will be sent to the Applicant at the address in the application. The notice will include a statement of the preliminary factual matters of concern. The matters inquired into at the hearing are not limited to those identified in the notice, but may include any concerns relevant to making a determination regarding the Applicant's character and fitness.

(3) The formal hearing will have a complete stenographic record made by a certified court reporter or an electronic record made by means acceptable in the courts of Utah. All testimony will be taken under oath. Although no formal rules of evidence or civil procedure will apply, an Applicant has the right to counsel, the right to cross-examine witnesses, the right to examine the evidence and the right to present witnesses and documentary evidence. An Applicant is entitled to make reasonable use of the Bar’s subpoena powers to compel attendance of witnesses and to adduce relevant evidence relating to matters adverse to the applicant.

(4) Written findings of fact and conclusions of law will be issued no later than 45 calendar days after the formal hearing and any subsequent inquiries have been concluded. In computing the period of time, the last day of the period will be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period extends until the end of the next day that is not a Saturday, Sunday, or a legal holiday. “Legal holiday” includes days designated as holidays by the state or federal governments.

(d) Factors related to character and fitness. In addition to the standards set forth in Rules 14-708(a), (f), and 14-717 if applicable, the Character and Fitness Committee may use the following factors to decide whether an Applicant possesses the requisite character and fitness to practice law:

(1) the Applicant’s lack of candor;

(2) unlawful conduct;

(3) academic misconduct;

(4) making of false or misleading statements, including omissions;

(5) misconduct in employment;

(6) acts involving dishonesty, fraud, deceit, or misrepresentation;

(7) abuse of legal process;

(8) neglect of financial responsibilities;

(9) neglect of professional obligations;

(10) violation of a court order;

(11) evidence of mental or emotional instability;

(12) evidence of drug or alcohol dependency;

(13) lack of diligence or reliability;

(14) lack of civility;

(15) denial of admission to the bar in another jurisdiction on character and fitness grounds;

(16) past or pending disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction; and

(17) other conduct bearing upon character or fitness to practice law.

(e) Assigning weight and significance to prior conduct. In making a determination as to the requisite character and fitness, the following factors should be considered in assigning weight and significance to prior conduct:

(1) age at the time of conduct;

(2) recency of the conduct;

(3) reliability of the information concerning the conduct;

(4) seriousness of the conduct;

(5) factors underlying the conduct;

(6) cumulative effect of conduct or information;

(7) evidence of rehabilitation;

(8) positive social contributions since the conduct;

(9) candor in the admissions process;

(10) materiality of any omission or misrepresentations; and

(11) acceptance of responsibility for past conduct.

(f) Civil, criminal, or disciplinary charges.

(1) Where bar complaints, civil cases, or criminal charges are pending, the Deputy General Counsel or the Committee may hold an Applicant’s character and fitness review in abeyance until the matter has been resolved by the authority in question.

(2) The Committee considers defaulted debt obligations and debt subject to collections as reflecting poorly on an Applicant’s character and fitness. In reviewing the financial situation of an Applicant, the Committee will consider, among other things, whether the Applicant is currently and actively engaged in a payment plan and the circumstances leading to the debt and its subsequent default.

(3) An Applicant convicted of a misdemeanor offense or who has entered a plea in abeyance to any criminal offense may be asked to appear before members of the Character and Fitness Committee for an investigation interview or a formal hearing. In determining whether the Applicant is of good character, the Committee will consider the nature and seriousness of the criminal conduct resulting in the conviction(s), mitigating and aggravating factors including completion of terms and conditions of any sentence imposed, payment of restitution if applicable, and demonstration of clearly proven rehabilitation.

(4) A rebuttable presumption exists against admission of an Applicant convicted of a felony offense. For purposes of this rule, a conviction includes entry of a nolo contendre (no contest) plea. An Applicant who has been convicted of a felony offense is not eligible to apply for admission until after the date of completion of any sentence, term of probation or term of parole or supervised release, whichever occurred last. Upon an Applicant’s eligibility, a formal hearing may be held as set forth in Rule 14-708(c). Factors to be considered by the Committee include, but are not limited to, the nature and seriousness of the criminal conduct resulting in the conviction(s), mitigating and aggravating factors including completion of terms and conditions of a sentence imposed, and demonstration of clearly proven rehabilitation.

(g) Review. An Applicant may request a review of a formal hearing decision. The review will be conducted in accordance with Rule 14-715.

(h) Reapplication. Reapplication after denial in a character and fitness determination may not be made prior to one year from the date of the final decision (including the appellate decision, if applicable), unless a different time period is specified in the final decision. If just cause exists, the Character and Fitness Committee may require an Applicant to wait up to three years from the date of the final decision to reapply. If a reapplication period longer than one year is set for a Delicensed Attorney, then the time period is subject to approval by the district court hearing the petition for relicensure. See Rule 11-591.

(a) Notice from Bar. An Applicant whose application is denied because the Applicant does not meet the qualifications for admission under this article will receive written notice from the Bar that the Applicant’s application has been denied, along with a statement explaining the deficiency and reason(s) for denial.

(b) Review. An Applicant may request a review of a denial under paragraph (a). The review will be conducted in accordance with Rule 14-715.

(a) Bar Examination. The Bar Examination consists of the UBE. All components of the Bar Examination must be taken in the same examination administration and given according to the standards established by the NCBE.

(b) Exam components. The Bar Examination components are the MEE, MPT, and MBE.

(c) The Bar Examination is administered only for the purpose of admission to the Bar.

(a) Grading the Written Component of the Bar Examination. MEE and MPT answers are uniformly graded on a scale from zero to five points. In order to assure maximum fairness and uniformity in grading, the Board or its designees prescribe procedures and standards for grading to be used by all graders.

(b) Scoring the Written Component of the Bar Examination. The MEE and MPT scores added together constitute the raw Written Component score. The raw Written Component score is scaled to the MBE portion of the examination using the standard deviation method.

(c) Weighting of exam components. The MBE score is weighted 50%, the MEE score is weighted 30% and the MPT score is weighted 20% in calculating the Applicant’s total score.

(d) Passing grade. The Applicant’s total score is the sum of the scaled MBE score and the scaled Written Component score. The total score is based on a 400-point scale. A total score of 270 or above is required to pass any Bar Examination administered prior to July 2023. A total score of 260 or above is required to pass the July 2023 Bar Examination and any Bar Examination administration thereafter.

(e) Bar Examination results are final. Bar Examination answers will not be reread, reevaluated, or regraded by the Bar or its designees.

(f) Number of attempts. An Applicant who, after having taken six examinations in this or any other jurisdiction of a U.S. state, territory, or the District of Columbia, has failed to earn a score equivalent to or above the passing UBE score in Utah at the time the Applicant took the examination is not permitted to sit for the Bar Examination nor be admitted by transferred UBE score in this state except upon permission of the Admissions Committee for good cause shown. A petition providing clear and convincing evidence of good cause must be filed with the Deputy General Counsel by the retake deadline. Late applications will not be accepted.

(1) A written decision will be issued pursuant to Rule 14-709(a). An Applicant may appeal the written decision directly to the Supreme Court pursuant to Rule 14-715(e).

(a) Application and admission timing. An application may be filed at any time. Processing of the application and the character and fitness investigation require a minimum of four months to complete.

(b) UBE score transferability. An Applicant who has taken and completed the Legacy UBE or the NextGen UBE in a single administration in a jurisdiction other than Utah may transfer the score by filing an application provided:

(1) the Applicant meets all the requirements of Rule 14-703 or Rule 14-704;

(2) the Applicant has not been denied by any jurisdiction on character and fitness grounds;

(3) the Applicant’s Legacy UBE score from a pre-July 2023 Bar Examination administration is 270 or above, the applicant’s Legacy UBE score from the July 2023 or later Bar Examination administration is 260 or above; or the Applicant’s NextGen UBE score is equivalent to a passing score in Utah at the time the Applicant sat for the NextGen UBE; and

(4) the Bar receives the Applicant’s UBE score no later than nine months after the filing of the application. To transfer a UBE score, an Applicant must send a written transfer request, along with the prescribed fee, to the NCBE.

(c) Time limits on transferability.The UBE score is transferable for all Applicants for 36 months after the administration of the UBE in which the passing score was earned.

(a) MPRE requirements. In conjunction with the requirements of Rule 14-716(d), an Applicant must receive a passing score on the MPRE prior to admission to the Bar. A scaled score of 86 is passing. It is the Applicant’s responsibility to ensure that a passing MPRE score is reported to the Bar.

(b) Administration of the MPRE. The MPRE is administered by the NCBE. To take the MPRE, an Applicant must file an application with and pay the prescribed fee to the NCBE.

(a) Inspection of the Written Component. The Written Component of the Bar Examination will be retained for no fewer than six months after the date that examination’s results have been announced. An unsuccessful Applicant will be entitled to a reasonable inspection of the Applicant’s answers to the MEE and MPT questions.

(b) The MEE and MPT questions and analyses are available from the NCBE.

(c) Privileged Information is not subject to disclosure.

(d) Inspection of MBE. This rule does not permit an Applicant to inspect MBE questions or the Applicant’s answers. Neither copies of the MBE questions nor answers are retained by the Bar.

(e) All disclosure under this rule is governed by Rule 14-720.

(a) Decisions subject to review. The following decisions qualify as final and are therefore subject to review by the Admissions Committee:

(1) a decision issued by the Test Accommodations Committee in accordance with Rule 14-706(a);

(2) a decision issued by the Character and Fitness Committee after a formal hearing in accordance with Rule 14-708(c)(4);

(3) a decision denying an application in accordance with Rule 14-709(a); or

(4) a decision denying an application for failure to complete the requirements of the Alternate Pathway.

(b) Request for review; fee; record; memoranda.

(1) Request for review.An Applicant may request review of a final decision by filing a request, in writing, with the Deputy General Counsel within ten calendar days of the date on the written decision. The request for review must be addressed to the Admissions Committee and contain a short and plain statement of the reasons that the Applicant is entitled to relief. The Applicant may not include issues in the request for review that were not previously raised and, because the Admissions Committee does not have the authority to waive rules, the Applicant may not seek a rule waiver in the request for review.

(2) Fee. The Applicant must pay a $100 filing fee to the Bar at the time the Applicant submits the request for review.

(3) Record. Within seven days of receipt of a request for review, the Deputy General Counsel will forward to the Applicant the documents forming the record of the decision being reviewed, including the transcript of a formal hearing, if any.

(4) Memoranda.Within 30 calendar days of filing the request for review, the Applicant must file with the Deputy General Counsel a written memorandum citing to the record and marshalling the evidence to show an error of law or that the evidence does not support the decision. The Bar may file a responsive memorandum within 14 days of its receipt of the Applicant’s memorandum. No reply memorandum will be permitted unless specifically requested by the Admissions Committee.

(c) Review process.

(1) Upon receipt of a request for review and any memoranda, the Deputy General Counsel will forward to the Admissions Committee the record, the request, the Applicant’s memorandum, and the Bar’s responsive memorandum, if any.

(2) The review will be a closed proceeding and will be limited to consideration of the record, the Applicant’s memorandum, and the Bar’s responsive memorandum, if any. An Applicant’s appearance at the review will only be permitted if requested by the Admissions Committee.

(3) The Admissions Committee may consolidate, in whole or in part, multiple requests for review setting forth common issues.

(d) Decision on review. The Admissions Committee will:

(1) review factual findings for plain error and will give deference to any credibility determinations; and

(2) review the decision, including any interpretation of law, de novo.

(3) After completing the review, the Admissions Committee will issue a written decision in which it affirms, modifies, or reverses the decision.

(e) Supreme Court petition for review.

(1) Deadline and fee.Within 30 calendar days of the date on the Admission Committee’s written decision, the Applicant may seek review of that decision by the Supreme Court by filing a petition for review with the Supreme Court clerk and serving a copy upon the Bar’s General Counsel. At the time of filing the petition for review, the petitioner will pay the prescribed filing fee to the Supreme Court clerk. The clerk will not accept a petition for review unless the filing fee is paid.

(2) Record of proceedings. The Bar will prepare a record of the proceedings and will file the record with the Supreme Court clerk within 21 calendar days following the filing of the petition for review.

(3) Petitioner’s principal brief. The petitioner must file a principal brief with the Supreme Court within 30 calendar days after a record of the proceedings has been filed with the Supreme Court. The brief must state the name of the petitioner and will designate the Bar as respondent. The brief must contain the following:

(A) a statement of the issues presented and the relief sought;

(B) a statement of the facts necessary to an understanding of the issues presented by the review, with citations to the record;

(C) the legal argument supporting the petitioner’s request;

(D) a certificate reflecting service of the brief upon the Bar’s General Counsel; and

(E) a certificate reflecting compliance with the word limitation stated in this rule.

(4) Bar’s principal brief. Within 30 calendar days after service of the petitioner’s principal brief on the Bar’s General Counsel, the Bar, as respondent, must file its response with the Supreme Court clerk. The Bar’s principal brief must contain certificates reflecting service of the brief on the petitioner and compliance with the word limitation stated in this rule.

(5) Petitioner’s reply brief. Petitioner may file a reply brief within 30 calendar days after service of the Bar’s principal brief on Petitioner. A reply is limited to responding to the facts and arguments raised in the Bar’s principal brief, and it must contain certificates reflecting service of the brief on the Bar’s General Counsel and compliance with the word limitation stated in this rule.

(6) Length of briefs. Except by permission of the Court, the principal briefs are each limited to 14,000 words; any reply brief is limited to 7,000 words.

(7) Oral argument; notice of decision. The Supreme Court clerk will notify the parties if any additional briefing or oral argument is permitted. Upon entry of the Supreme Court’s decision, the clerk will give notice of the decision.

(f) Rule waivers. The review panel does not have authority to waive admission rules. An applicant seeking a rule waiver must file a petition with the Supreme Court pursuant to Rule 14-722. An applicant may not seek a request for review or a petition for review at the same time as or for the same issue as a rule waiver.

(a) Court enrollment fees and Bar license fee. After notification that the Board has approved the Applicant for admission, the Applicant must pay to the Bar the applicable Bar license fee for either Active or Inactive status. The Bar also collects and transmits the state court enrollment fees. The Applicant must pay to the Bar the mandatory Supreme Court enrollment fee, regardless of whether the Applicant elects Active or Inactive attorney status.

(b) Motion for admission and enrollment. Upon satisfaction of the requirements of Rule 14-716(a), the Board will submit a written motion to the Supreme Court for admission certifying that the Applicants have satisfied all qualifications and requirements for admission to the Bar. The Board will submit five motions for admission per year: January, March, May, August, and October. After the motion is submitted and upon approval by the Utah Supreme Court and upon taking the required oath, an Applicant is eligible to be enrolled into Utah’s state courts Pursuant to the admission requirements of the United States District Court for the District of Utah, an Applicant in good standing with the Utah State Bar may enroll into Utah’s federal courts by directly registering with and paying a fee to the federal court.

(c) Oath of attorney and certificate of admission. Every Applicant must take an oath. The Applicant may not take the oath until the motion for admission is granted.

(1) The oath must be administered by:

(a) the Supreme Court clerk;

(b) the clerk of a court of the United States

(c) a Utah state judge of district or juvenile court level or higher;

(d) a judge of a court of the United States or a judge of a court of general jurisdiction or higher of a state of the United States; or

(e) a military court judge in the event of military assignment

(2) After administration of the oath, each Applicant must sign the roll of attorneys maintained by the Supreme Court clerk.

(3) The Applicant will receive a certificate of admission. If the oath is administered other than at a regularly scheduled ceremony conducted by the Supreme Court, the Applicant must submit the signed oath form to the Supreme Court clerk, and if applicable, contact the clerk of the United States District Court for the District of Utah.

(d) Time limit for admission. After receiving notice of approval for admission, an Applicant must pay the prescribed license and enrollment fees and take the oath as required by Rule 14-716(c) within six months or approval for admission is automatically withdrawn. Failure to timely satisfy the provisions of this rule requires an Applicant to recommence the application process including the submission of a new application, the payment of application fees, a new character and fitness investigation and retaking the Bar Examination or Alternate Path Examination, if applicable.

(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.

(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.

(a) Scope of practice. An attorney admitted to the Bar as House Counsel will limit the attorney’s practice of law including legal representation to the business of the attorney’s employer. However, House Counsel can provide pro bono legal services under the auspices of an approved sponsoring entity consistent with Rule 14-803 of the Utah Rules of Lawyer Discipline and Disability. House Counsel may not:

(1) Appear before a court of record or not of record as an attorney or counselor in the State of Utah except as otherwise authorized by law or rule; or

(2) Offer legal services or advice to the public or represent that the attorney so engaged or authorized. An attorney granted a House Counsel license is not prevented from appearing in any matter pro se, performing pro bono services under Rule 14-803, or from fulfilling the duties of a member of the active or reserve components of the armed forces or the National Guard.

(b) Requirements of House Counsel Applicants. To be recommended for admission to the Bar as House Counsel, an attorney must establish by clear and convincing evidence that the attorney:

(1) has filed a Complete Application for admission and paid the prescribed application fee;

(2) is at least 21 years old;

(3) graduated with a First Professional Degree in law from an Approved Law School, or from an Unapproved Law School located within a U.S. state, U.S. territory or the District of Columbia;

(4) is licensed to practice law and in active status in a U.S. state, U.S. territory or the District of Columbia;

(5) is employed and practices law exclusively as house counsel for a non-governmental corporation, its subsidiaries or affiliates, an association, a business, or other legal entity whose lawful business consists of activities other than the practice of law or the provision of legal services;

(6) is either (A) a bona fide resident of the State of Utah or (B) house counsel for an employer located in Utah;

(7) has provided an affidavit signed by both the Applicant and the employer that the Applicant is employed exclusively as house counsel and that Applicant has disclosed to the employer the limitations on House Counsel’s license of practicing under this rule;

(8) is of good moral character and satisfies the requirements of Rule 14-708;

(9) has presented satisfactory proof both of admission to the practice of law and that the attorney 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;

(11) has received a passing MPRE score; and

(12) has complied with the oath and enrollment provisions of Rule 14-716 and paid the licensing fees required for active status.

(c) Timing of application and admission. An application under this rule 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.

(1) The processing of the application and the character and fitness investigation require a minimum of four months to complete.

(2) Upon approval the Applicant must comply with the provisions of Rule 14-716 concerning licensing and enrollment fees.

(3) An attorney licensed as House Counsel must pay annual license fees which are equal to the fees required to be paid by a licensee of the Bar on Active status.

(d) Unauthorized practice of law.

(1) It is the unauthorized practice of law for an attorney not licensed in Utah to practice law in the state except as otherwise provided by law.

(2) An attorney who complies with the requirements of paragraph (b)(1) may provide services to an employer in Utah while the application is pending as long as the application is filed within six months of the out-of-state attorney accepting a house counsel position.

(3) An attorney who provides legal advice to the attorney’s employer but is not an active licensee of the Bar or licensed as House Counsel pursuant to this rule may be referred for investigation for the unauthorized practice of law.

(e) Continuing legal education requirement. House Counsel must pay the designated filing fee and file with the MCLE Board by July 31 of each year a Certificate of Compliance from the jurisdiction where House Counsel maintains an active license establishing that House Counsel has completed the hours of continuing legal education required of active attorneys in the jurisdiction where House Counsel is licensed.

(f) Subject to disciplinary proceedings. An attorney licensed as House Counsel will be subject to professional discipline in the same manner and to the same extent as Bar licensees, is subject to discipline by the Supreme Court as delegated by rule, and is otherwise governed by the Rules of Professional Conduct, the Rules of Discipline, Disability, and Sanctions, other applicable rules adopted by the Supreme Court, and all applicable statutory provisions.

(g) Notification of change in standing.

(1) House Counsel must execute and file with the Licensing Office a written notice of any change in House Counsel’s membership status, good standing or authorization to practice law in any jurisdiction where licensed.

(2) House Counsel must execute and file with the OPC a written notice of the commencement of any formal disciplinary proceedings and of any final disciplinary actions taken in any other jurisdiction.

(h) No solicitation. House Counsel is not authorized by anything in this rule to hold out to the public or otherwise solicit, advertise, or represent that House Counsel is available to assist in representing the public in legal matters in Utah.

(i) Cessation of activity as House Counsel. A House Counsel license terminates, and House Counsel will immediately cease performing all services under this rule and will cease representing that the attorney is acting as House Counsel upon:

(1) termination of employment with the qualified employer as provided in paragraph (b)(6);

(2) termination of residence, or the maintenance of an office in the State of Utah as provided in paragraph (b)(5);

(3) failure to maintain active status in a U.S. state or U.S. territory or the District of Columbia, or to satisfy the Bar’s annual licensing requirements, including compliance with mandatory continuing legal education requirements as provided for in this rule; or

(4) completion of any disciplinary proceeding in Utah or any other jurisdiction, which warrants suspension or termination of the House Counsel license.

Lack of notice to House Counsel from the Bar of the cessation of the House Counsel license is not a defense for continuing to practice as House Counsel after an event listed in paragraphs (i)(1) to (i)(4).

(j) Reinstatement after temporary lapse in license. An attorney whose House Counsel license is terminated pursuant to paragraph (i)(1), (i)(2), or (i)(3) will be reinstated to practice law as a House Counsel if within six months from the termination the attorney is able to demonstrate to the Bar that the attorney:

(1) has transferred to inactive status in accordance with paragraph (k); or

(2) has secured employment with a qualified employer and has provided the required verification of employment pursuant to paragraph (b)(7);

(3) has established a residence or maintains an office for the practice of law as House Counsel for the employer within the State of Utah; and

(4) has active status in a U.S. state, territory, or the District of Columbia and has complied with the Bar’s annual licensing and MCLE requirements for House Counsel.

(k) Inactive status. House Counsel who is not currently practicing may transfer to inactive status under Rule 14-203(a)(4). Doing so will prevent the lapse of the license as long as the inactive status is maintained.

(1) Inactive House Counsel may return to active status upon demonstration of compliance with requirements (j)(2) through (j)(4) and payment of the necessary fees in accordance with Rule 14-203(b).

(l) Notice of change of employment. House Counsel must notify, in writing, the Licensing Office of the termination of the employment pursuant to which the House Counsel license was issued.

(m) Full admission to the Utah State Bar. A House Counsel license will be terminated automatically once the attorney has been otherwise admitted to the practice of law in Utah as an active licensee of the Bar. Any person who has been issued a House Counsel license may qualify for full licensure by establishing by clear and convincing evidence that the attorney:

(1) has applied as an Attorney Applicant or Motion Applicant by filing a Complete Application; any application must be filed in accordance with the filing deadlines set forth in Rule 14-707(b);

(2) has successfully passed the Bar Examination under Rule 14-704, has transferred a passing UBE score under Rule 14-712, or qualifies for admission under Rule 14-705; and

(3) has complied with the provisions of Rule 14-716 concerning licensing and enrollment fees.

(a) Confidentiality. Confidential Information relating to admissions will 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 admissions and the examination and grading process.

(b) Disclosure of Confidential Information in admissions 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:

(1) records pertaining to an Applicant as authorized by the Applicant in writing for release to others;

(2) information to the NCBE regarding persons who have filed applications for admission;

(3) the names of Applicants who are eligible for admission to the Bar; and

(4) the Applicant’s exam results to the law school from which the Applicant graduated.

(c) Disclosure of Confidential Information to Applicant. An Applicant and an Applicant’s attorney are entitled to Confidential Information directly related to the Applicant:

(1) which is to be considered by the Character and Fitness Committee in conjunction with a formal hearing in accordance with Rule 14-708(c); and

(2) as permitted by Rule 14-714.

(d) Privileged Information. Neither an Applicant nor an Applicant’s attorney nor any person is entitled to Privileged Information except as released by the Character and Fitness Committee in conjunction with a formal hearing under Rule 14-708(c).

(e) Communications relating to applications. Letters or information relating to an Applicant in which the writer requests confidentiality will 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 with knowledge of the content of the information must withdraw from participation in the matter, and, if necessary, persons will 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 will deny requests for Confidential Information but may grant the request if made by one of the following entities:

(1) an entity authorized to investigate the qualifications of persons for admission to practice law;

(2) an agency or entity authorized to investigate the qualifications of persons for government employment;

(3) a lawyer discipline enforcement agency

(4) an agency or entity authorized to investigate the qualifications of judicial candidates; or

(5) as otherwise ordered by a Utah court.

(g) Release of Confidential Information. If the request for Confidential Information is granted, it will be released only upon certification by the requesting agency or entity that the Confidential Information will be used solely for authorized purposes. If one of the above-enumerated entities requests Confidential Information, the Bar will 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 are entitled to the same protections for statements made in the course of the proceedings as participants in judicial proceedings. The admissions-related committee members, the Deputy General Counsel, the General Counsel, and the admissions staff are 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 admissions office or admissions-related committees. Every person or entity is immune from civil liability for providing, in good faith, to the admissions office or members of the admissions-related committees, documents, statements of opinion, records or other information regarding an Applicant or potential Applicant for admission to the Bar.

An applicant will be eligible for admission to the Utah Bar if the applicant meets the following requirements:

(a) has received:

(1) deferred action status pursuant to the United States’ Policy of Deferred Action for Childhood Arrivals, or

(2) deferred action status, whether granted on an individualized, case by case basis or pursuant to national policy, based in part upon such applicant having arrived in the United States as a minor;

(b) is authorized by the United States to accept employment at the time of application; and

(c) meets the requirements for admission under Rules 14-703, 14-704, 14-705, or 14-712.

(a) Grounds. An Applicant may petition the Supreme Court to waive a rule only in extraordinary circumstances where an applicant can demonstrate by clear and convincing evidence that the purpose of the rule has been satisfied.

(b) Filing and fee. An A petition for a rule waiver must be filed with the Supreme Court clerk. At the time of filing, the Applicant must pay the applicable filing fee to the clerk. The clerk will not accept a petition for rule waiver unless the filing fee is paid.

(c) Form of Petition. The petition must state the name of the petitioner and designate the Bar as respondent. The petition is limited to 7,000 words and must contain the following:

(1) a statement of the issues presented and the relief sought;

(2) a statement of the facts supporting the relief requested;

(3) the legal argument supporting the petitioner’s request;

(4) a statement indicating whether the Applicant has taken any steps to seek a rule change from the Supreme Court;

(5) a declaration to support the petition and any other relevant evidentiary materials;

(6) a certificate reflecting service of the petition on the Bar’s General Counsel; and

(7) a certificate reflecting compliance with the word limitation.

(b) Response. No petition for a rule waiver will be granted absent a request by the Court for a response from the Bar, and no response will be received unless requested by the Court. If the Court requests a response from the Bar, the response must be filed no later than 14 calendar days after the order requesting a response is issued unless otherwise ordered by the Court. The response is limited to 7,000 words and may contain a declaration in support and any other relevant evidentiary materials. The response must contain certificates reflecting service of the response on the petitioner and compliance with the word limitation.

(c) Reply. If the Bar files a response pursuant to the Court’s request, the petitioner may file a reply within seven days after service of the response on petitioner. A reply is limited to responding to the facts and arguments raised in the Bar’s response and may not exceed 3,500 words. The reply must contain certificates reflecting service of the reply on the Bar’s General Counsel and compliance with the word limitation.

(d) Oral argument; notice of decision. The Supreme Court clerk will notify the parties if any additional briefing or oral argument is permitted. Upon entry of the Supreme Court’s decision, the clerk will give notice of the decision.

2026 Advisory Committee Note. This rule establishes the filing requirements when petitioning for a rule waiver. Paragraph (a) identifies the legal standard to petition for a rule waiver as discussed in Kelly v. Utah State Bar, 2017 UT 6, and Labrum v. Utah State Bar, 2024 UT 24.

As used in this article:

(a) “Active status” means a Bar licensing category as defined by Rule 14-203(a) and Rule 14-802, and the Bar’s rules, regulations, and policies.

(b) “Approved legal services organization” means a Utah nonprofit legal services organization approved by the Bar as set forth herein. A legal services organization seeking approval must file a petition with the Bar, attaching copies of its Articles of Incorporation and Bylaws, if any, and certifying that it is a nonprofit organization, reciting with specificity:

(1) the structure of the organization and whether it accepts funds from its clients;

(2) the major sources of funds used by the organization;

(3) the criteria used to determine potential clients’ eligibility for legal services performed by the organization;

(4) the types of legal and nonlegal service the organization performs;

(5) the names of all Bar members employed by the organization or who regularly perform legal work for the organization; and

(6) the existence and extent of malpractice insurance that will cover the volunteer attorneys, with such documentation being updated on an annual basis.

(c) “Attorney applicant” means a lawyer applicant as defined by Rule 14-701.

(d) “Bar” means the Utah State Bar.

(e) “CLE” means MCLE accredited continuing legal education.

(f) “Inactive status” means a Bar licensing category as defined by Rule 14-203(a), Rule 14-802, and the Bar’s rules, regulations, and policies.

(g) “MCLE” means Mandatory Continuing Legal Education as set forth in Rule 14-401 et seq.

(h) “Mentoring Completion Certification” means the certification form in the NLTP appendix of forms.

(i) “NLTP” means the Bar’s New Lawyer Training Program as set forth in Rule 14-808.

(j) “OPC” means the Office of Professional Conduct.

(k) “Supervising attorney,” except as used in Rule 14-807, means an active Bar member who generally supervises a volunteer attorney. The supervising attorney must:

(1) be employed by an approved legal services organization;

(2) assume professional responsibility as contemplated by Rule 5.1 of the Utah Rules of Professional Conduct for supervising the conduct of any litigation, administrative proceeding or other legal services in which the volunteer attorney participates providing, however, that concurrent administrative or judicial appearance is at the discretion of the supervising attorney;

(3) assist the volunteer attorney’s legal service preparation to the extent that the supervisory attorney considers it necessary; and

(4) ensure along with the agency that the volunteer attorney has appropriate and adequate training, knowledge and competency to perform the legal service permitted.

(a) Application. Except as set forth in paragraphs (c) and (d), only persons who are active, licensed Bar members in good standing may engage in the practice of law in Utah.

(b) Definitions. For purposes of this rule:

(1) “Practice of law” means representing the interests of another person by informing, counseling, advising, assisting, advocating for, or drafting documents for that person through applying the law and associated legal principles to that person’s facts and circumstances.

(2) “Law” means the collective body of declarations by governmental authorities that establish a person’s rights, duties, constraints, and freedoms and includes:

(A) constitutional provisions, treaties, statutes, ordinances, rules, regulations, and similarly enacted declarations; and

(B) decisions, orders, and deliberations of adjudicative, legislative, and executive bodies of government that have authority to interpret, prescribe, and determine a person’s rights, duties, constraints, and freedoms.

(3) “Person” includes the plural as well as the singular and legal entities as well as natural persons.

(c) Licensed Paralegal Practitioners. A person may be licensed to engage in the limited practice of law in the area or areas of (1) temporary separation, divorce, parentage, cohabitant abuse, civil stalking, custody and support, name or gender change, and petitions to recognize a relationship as a marriage; (2) forcible entry and detainer; and (3) debt collection matters in which the dollar amount in issue does not exceed the statutory limit for small claims cases.

(1) Within a practice area or areas in which a Licensed Paralegal Practitioner is licensed, a Licensed Paralegal Practitioner who is in good standing may represent the interests of a natural person who is not represented by a lawyer unaffiliated with the Licensed Paralegal Practitioner by:

(A) establishing a contractual relationship with the client;

(B) interviewing the client to understand the client’s objectives and obtaining facts relevant to achieving that objective;

(C) completing forms approved by the Judicial Council or preparing documents that are consistent with the relevant portions of the Judicial Council-approved forms;

(D) informing, counseling, advising, and assisting in determining which form to use and giving advice on how to complete the form;

(E) signing, filing, and completing service of the form;

(F) obtaining, explaining, preparing, and filing any document needed to support the form;

(G) reviewing documents of another party and explaining them;

(H) informing, counseling, assisting, negotiating, and advocating for a client for purposes of settlement;

(I) filling in, signing, filing, and completing service of a written settlement agreement form in conformity with the negotiated agreement;

(J) communicating with another party or the party’s representative regarding the relevant form and matters reasonably related thereto; and

(K) explaining a court order that affects the client’s rights and obligations.

(L) standing or sitting with the client during a proceeding to provide emotional support, answering factual questions as needed that are addressed to the client by the court or opposing counsel, taking notes, and assisting the client to understand the proceeding and relevant orders.

(d) Exceptions and Exclusions. Whether or not it constitutes the practice of law, the following activity by a nonlawyer, who is not otherwise claiming to be a lawyer or to be able to practice law, is permitted:

(1) Making legal forms available to the general public, whether by sale or otherwise, or publishing legal self-help information by print or electronic media.

(2) Providing general legal information, opinions, or recommendations about possible legal rights, remedies, defenses, procedures, options, or strategies, but not specific advice related to another person’s facts or circumstances.

(3) Providing clerical assistance to another to complete a form provided by a municipal, state, or federal court located in Utah when no fee is charged to do so.

(4) When expressly permitted by the court after having found it clearly to be in the best interests of the child or ward, assisting one’s minor child or ward in a juvenile court proceeding.

(5) Representing a party in small claims court as permitted by Rule of Small Claims Procedure 13.

(6) Representing without compensation a natural person or representing a legal entity as an employee representative of that entity in an arbitration proceeding, where the amount in controversy does not exceed the jurisdictional limit of the small claims court set by the Utah Legislature.

(7) Representing a party in any mediation proceeding.

(8) Acting as a representative before administrative tribunals or agencies as authorized by tribunal or agency rule or practice.

(9) Serving in a neutral capacity as a mediator, arbitrator, or conciliator.

(10) Participating in labor negotiations, arbitrations, or conciliations arising under collective bargaining rights or agreements or as otherwise allowed by law.

(11) Lobbying governmental bodies as an agent or representative of others.

(12) Advising or preparing documents for others in the following described circumstances and by the following described persons:

(A) A real estate agent or broker licensed in Utah may complete state-approved forms including sales and associated contracts directly related to the sale of real estate and personal property for their customers.

(B) An abstractor or title insurance agent licensed in Utah may issue real estate title opinions and title reports and prepare deeds for customers.

(C) Financial institutions and securities brokers and dealers licensed in Utah may inform customers with respect to their options for titles of securities, bank accounts, annuities, and other investments.

(D) Insurance companies and agents licensed in Utah may recommend coverage, inform customers with respect to their options for titling of ownership of insurance and annuity contracts, the naming of beneficiaries, and the adjustment of claims under the company’s insurance coverage outside of litigation.

(E) Health care providers may provide clerical assistance to patients in completing and executing durable powers of attorney for health care and natural death declarations when no fee is charged to do so.

(F) Certified Public Accountants, enrolled IRS agents, public accountants, public bookkeepers, and tax preparers may prepare tax returns.

(13) Representing an Indian tribe that has formally intervened in a proceeding subject to the Indian Child Welfare Act of 1978, 25 U.S.C. sections 1901–63. Before a nonlawyer may represent a tribe, the tribe must designate the nonlawyer representative by filing a written authorization. If the tribe changes its designated representative or if the representative withdraws, the tribe must file a written substitution of representation or withdrawal.

(14) Providing legal services under Utah Supreme Court Standing Order No. 15.

Advisory Committee Notes:

Paragraph (a).

“Active” in this paragraph refers to the formal status of a lawyer, as determined by the Bar. Among other things, an active lawyer must comply with the Bar’s requirements for continuing legal education.

Paragraph (b).

The practice of law defined in paragraph (b)(1) includes: giving advice or counsel to another person as to that person’s legal rights or responsibilities with respect to that person’s facts and circumstances; selecting, drafting, or completing legal documents that affect the legal rights or responsibilities of another person; representing another person before an adjudicative, legislative, or executive body, including preparing or filing documents and conducting discovery; and negotiating legal rights or responsibilities on behalf of another person.

Because representing oneself does not involve another person, it is not technically the “practice of law.” Thus, any natural person may represent oneself as an individual in any legal context. To the same effect is Article 1, Rule 14-111 Integration and Management: “Nothing in this article shall prohibit a person who is unlicensed as an attorney at law or a foreign legal consultant from personally representing that person’s own interests in a cause to which the person is a party in his or her own right and not as assignee.”

Similarly, an employee of a business entity is not engaged in “the representation of the interest of another person” when activities involving the law are a part of the employee’s duties solely in connection with the internal business operations of the entity and do not involve providing legal advice to another person. Further, a person acting in an official capacity as an employee of a government agency that has administrative authority to determine the rights of persons under the law is also not representing the interests of another person.

As defined in paragraph (b)(2), “the law” is a comprehensive term that includes not only the black-letter law set forth in constitutions, treaties, statutes, ordinances, administrative and court rules and regulations, and similar enactments of governmental authorities, but the entire fabric of its development, enforcement, application, and interpretation.

Laws duly enacted by the electorate by initiative and referendum under constitutional authority are included under paragraph (b)(2)(A).

Paragraph (b)(2)(B) is intended to incorporate the breadth of decisional law, as well as the background, such as committee hearings, floor discussions, and other legislative history, that often accompanies the written law of legislatures and other law- and rule-making bodies. Reference to adjudicative bodies in this paragraph includes courts and similar tribunals, arbitrators, administrative agencies, and other bodies that render judgments or opinions involving a person’s interests.

Paragraph (c).

The exceptions for Licensed Paralegal Practitioners arise from the November 18, 2015 Report and Recommendation of the Utah Supreme Court Task Force to Examine Limited Legal Licensing. The Task Force was created to make recommendations to address the large number of litigants who are unrepresented or forgo access to the Utah judicial system because of the high cost of retaining a lawyer. The Task Force recommended that the Utah Supreme Court exercise its constitutional authority to govern the practice of law to create a subset of discreet legal services in the practice areas of: (1) temporary separation, divorce, parentage, cohabitant abuse, civil stalking, and custody and support; (2) unlawful detainer and forcible entry and detainer; and (3) debt collection matters in which the dollar amount in issue does not exceed the statutory limit for small claims cases. The Task Force determined that these three practice areas have the highest number of unrepresented litigants in need of low-cost legal assistance. Based on the Task Force’s recommendations, the Utah Supreme Court authorized Licensed Paralegal Practitioners to provide limited legal services as prescribed in this rule and in accordance with the Supreme Court Rules of Professional Practice. In the future, the Court may add additional practice areas for Licensed Paralegal Practitioners to assist otherwise unrepresented persons in obtaining legal representation.

Paragraph (c)(1).

A Licensed Paralegal Practitioner may complete forms that are approved by the Judicial Council and that are related to the limited scope of practice of law described in paragraph (c). The Judicial Council approves forms for the Online Consumer Assistance Program and for use by the public. The forms approved by the Judicial Council may be found at https://www.utcourts.gov/ocap/ and https://www.utcourts.gov/selfhelp/.

A Licensed Paralegal Practitioner may also prepare documents that are consistent with the relevant portions of the Judicial Council approved forms but that eliminate any unnecessary information or tailor the information to a client’s specific needs. Such documents may be filed with the court by a Licensed Paralegal Practitioner in the same manner as forms approved by the Judicial Council. This paragraph is not intended to expand the scope of Licensed Paralegal Practitioners’ limited scope of practice.

Paragraph (d).

To the extent not already addressed by the requirement that the practice of law involves the representation of others, paragraph (d)(2) permits the direct and indirect dissemination of legal information in an educational context, such as legal teaching and lectures.

Paragraph (d)(3) permits assistance provided by employees of the courts and legal-aid and similar organizations that do not charge for providing these services.

Paragraph (d)(7) applies only to the procedures directly related to parties’ involvement before a neutral third-party mediator; it does not extend to any related judicial proceedings unless otherwise provided for under this rule (e.g., under paragraph (d)(5)).

(1) Authorization to Provide Pro Bono Services. A Utah attorney who is enrolled as inactive under Rule 14-203(a)(4) of the rules governing the Utah State Bar or an attorney who is admitted in another state and is in good standing or its equivalent in all jurisdictions in which the attorney is admitted, shall be authorized to provide pro bono legal services under the following circumstances:

(a) without compensation or an expectation of compensation as described in Rule 6.1 of the Utah Rules of Professional Conduct;

(b) to persons of limited means or to organizations, as defined in paragraph (7) of this rule; and

(c) under the auspices of a sponsoring entity, which must be a not-for-profit legal services organization, governmental entity, law school, Utah State Bar affiliate or other organization so designated by the Utah State Bar as providing pro bono legal services as defined in paragraph (7) of this rule.

(2) Duties of Sponsoring Entities. In order to qualify as a sponsoring entity, an organization must submit to the Utah State Bar an application identifying the nature of the organization as one described in section (1)(c) of this rule. In the application, the organization shall verify that they will provide appropriate training and support for volunteers. The organization is required to inform the Utah State Bar if the organization ceases to be a sponsoring entity under this rule.

(3) Procedure for Attorneys Seeking Authorization to Provide Pro Bono Services. An attorney admitted in Utah who is enrolled as inactive or an attorney who is admitted in another state but not in Utah who seeks to provide pro bono services under this rule shall submit a statement to the Utah State Bar including a verification from a sponsoring entity or entities indicating that the attorney will be participating in a pro bono program under the auspices of that entity. An attorney who is seeking authorization based on admission in another state or states shall also disclose all other state admissions and certify they are in good standing or its equivalent in those jurisdictions. The attorney’s statement shall include the attorney’s agreement that he or she will participate in any training required by the sponsoring entity. The attorney’s statement shall also include a certificate of good standing or its equivalent and a disciplinary history and a sworn statement that the attorney has read and is familiar with the Utah Rules of Professional Conduct and will abide by them, that the attorney submits to the jurisdiction of the Utah Supreme Court and the Utah State Bar for disciplinary purposes, and that the attorney will neither ask for nor receive compensation of any kind for the legal services authorized. Upon receiving all information required under this paragraph, the Utah State Bar shall cause its records to reflect that the attorney is certified to provide pro bono services. That certification shall continue until the end of the licensing year in which the statement is submitted, unless the lawyer or the sponsoring entity sends notice to the Utah State Bar that the program or the lawyer’s participation in the program has ended.

(4) Renewal of Authorization and Certification. An attorney who has been authorized to provide pro bono services under this rule must timely renew the authorization on an annual basis through the Utah State Bar’s relicensing process in order to continue providing pro bono legal services under this rule. In addition, an attorney who is seeking renewal based on admission in another state shall resubmit certificates of good standing or the equivalent and disciplinary histories from all other states in which the attorney is admitted.

(5) MCLE Exemption. The provisions of Rule 14-504 exempting attorneys from MCLE requirements by reason of being enrolled as inactive shall apply to inactive attorneys authorized to provide pro bono services under this rule, except that such attorneys shall participate in training to the extent required by the sponsoring entity.

(6) Disciplinary Authority. Lawyers admitted in another state who are providing legal services in this jurisdiction are subject to disciplinary authority, as provided in Rule 8.5 of the Rules of Professional Conduct, and all other Rules of Professional Conduct. Any lawyer who provides legal services pursuant to this rule shall not be considered to be engaged in the unlawful practice of law in this jurisdiction.

(7) Authorized Pro Bono Legal Services. Pro bono legal services as is defined in Rule 6.1 (a) and (b)(1) of the Rules of Professional Conduct include: (a) legal services rendered to a person of limited means;(b) legal services to charitable, religious, civic, community, governmental or educational organizations in matters designed to address the needs of persons of limited means;(c) legal services to charitable, religious, civic, or community organizations in matters in furtherance of their organizational purposes.

(8) Expenses and Attorney Fee Awards. The prohibition against compensation for the volunteer attorney shall not prevent the approved legal services organization from reimbursing the volunteer attorney for actual expenses incurred while rendering services hereunder nor shall it prevent the approved legal services organization from making such charges for its services as it may otherwise properly charge. The approved legal services organization shall be entitled to receive all court-awarded attorney fees for any representation rendered by the volunteer attorney.

(9) Court appearances. A practitioner under this rule who appears in court must orally advise the court at the initial appearance in a case that he or she is certified to appear pursuant to the rule.

Advisory Committee Notes

[1] A volunteer attorney participating in any program advertised and recruited for through the Pro Bono Commission only needs to submit one statement. The Access to Justice Coordinator will then certify that volunteer for any sponsoring entities participating through the Pro Bono Commission.

[2] This rule is intended to allow all attorneys, in good standing, to participate in pro bono services; including inactive, retired, military attorneys, or house counsel practicing under a limited license. This rule does not allow attorneys licensed outside of Utah to participate in other legal practice absent conforming to pro hac vice requirements.

(a) Certification for military lawyers to practice in Utah. A lawyer admitted to the practice of law in a state or territory of the United States or of the District of Columbia, who is serving in or employed by the United States Uniformed Services and authorized to provide legal assistance by federal statute or military regulation (“military lawyer”), may obtain a Registered Military Legal Assistance Certificate to represent clients before courts and agencies in Utah when the military lawyer is employed, stationed, or assigned at a military installation in Utah.

(b) Application requirements. The military lawyer must be of good moral character and shall apply to the Bar by:

(b)(1) filing an application in the form and manner prescribed by the Bar;

(b)(2) presenting proof that the military lawyer is employed, stationed, or assigned at a military installation in Utah;

(b)(3) presenting satisfactory proof of admission to the practice of law before the highest court of a state or territory of the United States or the District of Columbia and submitting certification that the military lawyer is in good standing in all jurisdictions where currently admitted and is not currently subject to attorney discipline or the subject of a pending disciplinary matter in any jurisdiction;

(b)(4) certifying the applicant has not been previously denied admission to the Bar;

(b)(5) submitting an affidavit from the military lawyer’s commanding officer, staff judge advocate, or chief legal officer of the military installation in Utah attesting that the military lawyer will serve as a lawyer exclusively to provide legal services as authorized by federal statute or military regulation, and that the military lawyer’s commanding officer, staff judge advocate, or chief legal officer will notify the Bar within ten days of the termination of the lawyer’s military employment or service in Utah; and

(b)(6) furnishing whatever additional information or proof that may be required in the course of processing the application.

(c) Certification. Upon determination by the Bar that a military lawyer has satisfied the requirements of this rule, the military lawyer will be issued a Registered Military Legal Assistance Certificate.

(d) Prohibition on holding forth. Military lawyers admitted to practice pursuant to this rule are not, and shall not represent themselves to be, members of the Bar nor represent that they are licensed to generally practice law in Utah.

(e) Scope of authorized representation. Military lawyers certified pursuant to this rule are authorized to appear before a court or agency in Utah as counsel for clients eligible to receive military legal assistance by federal statute or military regulation in any matter permitted by that federal statute or military regulation and authorized by the military lawyer’s commanding officer, staff judge advocate, or chief legal officer, or upon the consent of the applicable court or agency.

(f) Jurisdiction and authority. The practice of a lawyer admitted under this rule shall be subject to the Utah Rules of Professional Conduct and Article 5, Lawyer Discipline and Disability, and to all other applicable laws and rules governing lawyers admitted to the Bar. Jurisdiction shall continue whether or not the military lawyer retains the privilege to practice in Utah and irrespective of the residence or domicile of the military lawyer.

(g) Mandatory disclosures. A military lawyer certified under this rule must report to the Bar within 10 days;

(g)(1) any event listed in subsection (h) of this rule;

(g)(2) any change in bar membership status in any jurisdiction where the attorney has been admitted to the practice of law;

(g)(3) the imposition of any permanent or temporary professional disciplinary sanction by any jurisdiction; or

(g)(4) any change in status that may affect the lawyer’s privilege to practice under this rule.

(h) Termination of certification. The military lawyer's privilege to practice under this rule may be terminated upon completion of a disciplinary proceeding with an adverse determination in Utah or shall terminate upon any of the following events:

(h)(1) the lawyer separates or retires from the United States Uniformed Services;

(h)(2) the lawyer is no longer employed, stationed, and assigned at a military installation in Utah;

(h)(3) the lawyer fails to remain in good standing in any jurisdiction where the lawyer has been admitted to practice law; or

(h)(4) the Supreme Court orders the termination of the certificate at any time, with or without cause.

(a) Requirements for admission of spouses of active military with permanent change of station orders to serve in Utah.

(1) For purposes of this rule, the spouse of active military is defined as the spouse of an active duty service member of the United States Uniformed Services, as defined by the Department of Defense, and the service member has received military orders for a permanent change of station to reside in Utah.

(2) Absent admission under Rules 14-701 et seq., the spouse of an active member of the military (“Military Spouse Attorney”) may be admitted to practice law in Utah without taking the Bar Examination.

(3) The defined terms set forth in Rule 14-701 are incorporated into this rule.

(4) The burden of proof is on the applicant for military spouse admission to establish by clear and convincing evidence that the applicant:

(A) has paid the prescribed application fee (or half the fee upon a showing of ineligibility for a federal reimbursement), which shall be credited toward Bar dues upon licensure, and filed the required Complete Military Spouse Application;

(B) has graduated with a First Professional Degree in law from an Approved Law School;

(C) has been admitted to the practice of law before the highest court of a U.S. state, territory or the District of Columbia;

(D) does not qualify for admission by motion under Rule 14-705 or admission by the transfer of a UBE score under Rule 14-712;

(E) has presented any score from the Multistate Bar Examination (MBE) or Uniform Bar Examination (UBE), as defined by Rule 14-701, that applicant may have used to obtain admission to the practice of law in a jurisdiction other than Utah;

(F) is of good moral character, satisfies the requirements of Rule 14-708, and has not previously been denied admission by the Utah State Bar or engaged in the unauthorized practice of law in Utah;

(G) has successfully passed the MPRE in accordance with Rule 14-713;

(H) is an active member in good standing in at least one state or territory of the U.S. or the District of Columbia and is a member in good standing in all jurisdictions where currently admitted;

(I) 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;

(J) if intending to practice pending admission, has identified an active member of the Bar in good standing who has agreed to actively supervise the Military Spouse Attorney in accordance with the supervisory requirements specified in subsection (b) of this rule, as evidenced by a verification signed by both the Military Spouse Attorney and the supervising attorney; and

(K) complies with the provisions of Rule 14-716 concerning licensing and enrollment fees.

(b) Certificate while application is pending; required supervision.

(1) While a Military Spouse Attorney’s application is pending, the Military Spouse Attorney may practice law in Utah upon issuance of a Certificate While Application is Pending under subsection (c).

(2) While practicing with application pending, the Military Spouse Attorney must be fully supervised by an active member of the Bar in good standing as set forth in this rule. Required supervision ceases upon the Military Spouse Attorney’s admission to the Bar under this rule.

(3) For the duration of the supervision, the supervising attorney shall:

(A) assume full responsibility for all matters to be handled by the Military Spouse Attorney; and

(B) be included by name on all pleadings and papers.

(c) Timing and processing of application.

(1) An application under this rule may be filed at any time.

(2) The Bar will promptly conduct a preliminary character and fitness review of a completed application submitted by a Military Spouse Attorney.

(3) Upon satisfactory completion of the preliminary review and upon confirming that the Military Spouse Attorney is present in Utah, the Bar will issue a Certificate While Application is Pending to the applicant.

(A) The Certificate While Application is Pending authorizes the Military Spouse Attorney to begin practice in accordance with this rule while the application is pending.

(B) The Certificate expires 120 days after issuance, but a new certificate may be issued if the applicant has not been dilatory in supplying required information during the processing of the application.

(d) Jurisdiction and Authority. The practice of a lawyer admitted under this rule shall be subject to the Utah Rules of Professional Conduct and Article 5, Lawyer Discipline and Disability, and to all other applicable laws and rules governing lawyers admitted to the Bar. Jurisdiction shall continue whether or not the Military Spouse Attorney retains the privilege to practice in Utah and irrespective of the residence or domicile of the Military Spouse Attorney.

(e) Continuing legal education. Applicants admitted under this rule who have two or more years of legal practice shall complete, document, and certify no later than six months following admission having attended at least 15 hours of continuing legal education on Utah practice and procedure and on ethics and civility requirements.

(1) The Bar may by regulation specify the number of the required 15 hours that must be in particular areas of practice, procedure, ethics, and civility. Included in this mandatory 15 hours is attendance at the Bar’s OPC ethics school.

(2) On an ongoing basis, attorneys admitted under this rule must comply with the continuing legal education requirements imposed on lawyers under Article 4.

(f) Mentoring and Supervision.

(1) A Military Spouse Attorney with less than two years of Active Practice when admitted must obtain a mentor and complete the New Lawyer Training Program (NLTP) as outlined in Rules 14-404 and 14-808.

(2) A Military Spouse Attorney with less than two years of Active Practice who has not presented an MBE score above 134 or UBE score above 269 must be affiliated at all times with an active member of the Bar in good standing who has agreed to supervise the Military Spouse Attorney and assume full responsibility for all matters handled by the Military Spouse Attorney. A Military Spouse Attorney subject to this supervision requirement must also enroll in the Bar’s approved professional liability insurance program or obtain equivalent insurance coverage.

(g) Annual licensing. An attorney admitted under this rule is subject to annual licensing and enrollment fees and, during the annual licensing period, must provide to the Bar proof of continuing compliance with (a)(8) through (a)(10).

(h) Mandatory status reporting. An attorney admitted under this rule and any required supervising attorney are each responsible for notifying the Bar in writing within 21 days of any change that may affect the Military Spouse Attorney’s license to practice law under this rule.

(i) Termination of license to practice in Utah. A Military Spouse Attorney’s license terminates and a Military Spouse Attorney must cease all activities under this rule:

(1) six months after the military service member is permanently transferred outside Utah on military orders with dependents authorized, unless the transfer is a remote follow-on assignment and the Military Spouse Attorney remains in Utah during the service member’s remote assignment;

(2) ninety days after:

(A) the military service member dies, separates, or retires from the United States Uniformed Services;

(B) the Military Spouse Attorney ceases to be a dependent as defined by the United States Department of Defense;

(3) thirty days after the Military Spouse Attorney permanently relocates outside Utah for a reason other than the military service member’s permanent change of station;

(4) immediately upon:

(A) failure to comply with subsection (g);

(B) failure to maintain an active license in at least one other U.S. state, territory, or the District of Columbia;

(C) any termination of sponsorship by a supervising attorney if required by subsection (b), or the failure of a supervising attorney to be an active member of the Bar in good standing;

(D) admission to the Bar under any other rule; or

(E) an order of termination by any disciplinary proceeding in Utah or upon disbarment or suspension of any other license of the Military Spouse Attorney from another jurisdiction.

(j) Required action after termination. Upon termination of a license to practice under this rule, the Military Spouse Attorney must comply with Rule 1.16 of the Utah Rules of Professional Conduct, including the transfer of pending matters, written notice to clients and notification of courts, as required or necessary under the circumstances.

(k) Failure to satisfy the notice and termination of practice requirements. Failure to satisfy the notice and termination of practice requirements set forth in subsections (e), (h), and (i) may subject a Military Spouse Attorney to discipline, including the termination of a license granted under this rule.

(l) Reinstatement after termination of license. A Military Spouse Attorney whose license was terminated pursuant to paragraph (i) shall have the license reinstated if, within six months, the Military Spouse Attorney demonstrates compliance with all the requirements of this rule upon termination of the license and that the terminating event has been cured.

(m) Service time and exception to admission by motion rule. Any period of time a Military Spouse Attorney practices under this rule counts under all rules measuring a lawyer’s time practicing law or as a member of the Bar, including Rules 14-203 and 14-705, provided that the Military Spouse Attorney has never engaged in the unauthorized practice of law in Utah.

(a)Applicability. An attorney who is not a Bar member but is admitted to practice law in another state or in any court of the United States or Territory or insular possession of the United States must apply to be admitted pro hac vice under this rule before appearing as counsel before any state or local court or administrative or governmental body in the State of Utah (“Utah tribunal”).

(b) Rule application.

(1) This rule applies to:

(A) All actions or proceedings pending before a court of Utah:

(B) All actions or proceedings pending before a Utah administrative or governmental body, unless the rules of that body provide otherwise;

(C) All arbitration or alternative dispute resolution procedures in Utah that are court annexed, court ordered, or mandated by statute or administrative rule; and

(D) All services incident to any of the proceedings in paragraphs (b)(1)(A) through (b)(1)(C), including, but not limited to, discovery and settlement negotiations.

(2) This rule does not apply to arbitration or alternative dispute resolution procedures in which the parties engage voluntarily or by private agreement.

(c) Permission to appear. A non-Utah licensed attorney may be permitted to appear in a particular case or proceeding if the Utah tribunal in which the matter is pending determines that admission pro hac vice will serve the interests of the parties and the efficient and just administration of the case. A non-Utah licensed attorney who resides in Utah may be permitted only after receiving a Practice Pending Admission Certificate.

(d) Admission is discretionary. Admission pro hac vice under this rule is discretionary with the Utah tribunal in which the application for admission is made. The Utah tribunal may revoke admission pro hac vice upon its own motion or the motion of a party if, after notice and a hearing, the Utah tribunal determines that admission pro hac vice is inappropriate. Admission pro hac vice will be denied or, if granted, will be revoked if the Utah tribunal determines that the process is being used to circumvent the normal requirements for attorneys to practice law in Utah.

(e) Eligibility. A non-Utah licensed attorney who has been retained to represent a client in an action or proceedings described in paragraph (b) may file a written application to appear as counsel in that action or proceedings if the following conditions are met:

(1) The lawyer is not a Bar member;

(2) The lawyer is not a resident of Utah;

(3) The lawyer is not regularly employed in Utah;

(4) The lawyer is an active member licensed and in good standing in another state, territory or insular possession of the United States; and

(5) The lawyer associates with an active Bar member in good standing (“local counsel”).

(f) Factors in determining admission and revocation. In determining whether to enter or revoke the order of admission pro hac vice, the Utah tribunal may consider any relevant information, including whether the non-Utah licensed attorney:

(1) is familiar with Utah rules of evidence and procedure, including applicable local rules;

(2) is available to opposing parties;

(3) has particular familiarity with the legal affairs of the party relevant to the case;

(4) complies with the Utah tribunal’s rulings and orders;

(5) has caused delay or been disruptive; and

(6) has been disciplined in any other jurisdiction within the prior five years.

(g) Application procedure. A non-Utah licensed attorney seeking admission pro hac vice must complete under oath and submit to the Bar an application form available from the Bar. The applicant must complete a separate application for each matter in which the applicant wants to appear. The application must include the following:

(1) identify the Utah tribunal for which the applicant wishes to appear, and the case number or other identifying information for the matter in which the applicant wishes to appear;

(2) the name of the party on whose behalf the applicant wishes to appear;

(3) the case or matter name, case or matter number, and Utah tribunal name for other cases pending or closed within the prior five years for which the applicant appeared pro hac vice;

(4) a statement whether the applicant is currently suspended or disbarred from the practice of law in any state, or whether the applicant has been disciplined within the prior five years, or is the subject of any pending disciplinary proceedings in any state;

(5) a statement that the applicant submits to the disciplinary authority and procedures of the Utah Office of Professional Conduct, is familiar with the rules or procedure and evidence, including applicable local rules, will be available for depositions, hearings, and conferences, and will comply with the Utah tribunal’s rulings and orders;

(6) the name, address, Bar identification number, telephone number, and email address of the Bar member to serve as local counsel;

(7) a certificate of good standing from the jurisdiction or jurisdictions in which the applicant is admitted dated no more than 60 days before the application date; and

(8) an application fee equal to the current dues paid by active members of the Bar for the licensing year in which the application is filed. The fee must be paid to the Bar.

(h) Limited exception to original and annual fee. The application fee and annual fee will be waived for:

(1) non-Utah licensed attorneys providing legal services without compensation or an expectation of compensation through a charitable, religious, civic, community, governmental, or educational organization in a matter designed primarily to address the needs of people of limited means. A non-Utah licensed attorney seeking a fee waiver to provide pro bono representation must include in the application a verification that all clients represented in the action are of limited means and that no attorney fees will be paid by the client.

(2) Attorneys who are employees of and representing the United States of America or any of its departments or agencies.

(i) Acknowledgment of Supporting Documentation and Receipt of Filing Fee. Upon receiving a complete application and fee, the Bar will issue an Acknowledgement of Supporting Documentation and Receipt of Filing Fee (“Acknowledgement”). In making the Acknowledgement, the Bar may attach copies or comment on any submitted material that may be appropriate for a tribunal to consider with an application for pro hac vice admission.

(j) Filing with the Utah tribunal. Once the Bar issues an Acknowledgement, local counsel must file the Acknowledgement along with the following documents:

(1) a motion for admission pro hac vice;

(2) a copy of the application and all supporting documents;

(3) a copy of the certificate of good standing;

(4) a proposed order; and

(5) any submissions from the Bar together with proof of service on all parties in accordance with the Utah Rules of Civil Procedure or, to the extent they differ from the civil rules, the governing rules of the Utah tribunal.

(k) Names and appearances. The name, bar number, and address of local counsel must appear on all notices, orders, pleadings, and other documents filed in the case or proceeding in which the non-Utah licensed attorney is appearing pursuant to this rule. Local counsel is required to personally appear and participate in pre-trial conferences, hearings, and other proceedings before the Utah tribunal if the Utah tribunal deems the appearances or participation appropriate. Local counsel must accept joint responsibility with the non-Utah licensed attorney to the client, opposing counsel and parties, and to the Utah tribunal. Local counsel must continue as the local counsel of record in the case unless another Bar member is substituted as local counsel.

(l) Appearances by non-Utah licensed attorneys. An applicant may not appear in a proceeding subject to this rule or have the applicant’s name placed on any pleadings or proceedings documents until the Utah tribunal where the action is pending enters an order granting the motion for pro hac vice.

(m) Continuing duty to advise of changes in status. A non-Utah licensed attorney admitted pro hac vice has a continuing duty during the period of admission to promptly advise the Bar of a disposition made for any pending disciplinary charges or the institution of any new disciplinary proceedings or investigations. The Bar must then advise any Utah tribunal where the attorney has been admitted pro hac of any new disciplinary information. The non-Utah licensed attorney must promptly advise the Bar if permission to appear pro hac vice under this rule is revoked by any Utah tribunal.

(n) Annual renewal. On or before the anniversary date of filing the initial application with the Bar, a non-Utah licensed attorney must certify that the non-Utah licensed attorney continues to act as counsel in the cause or that the cause has been finally adjudicated. To renew, within 28 days of the anniversary date the non Utah licensed attorney must remit to the Bar an annual fee equal to the current dues paid by active members of the Bar for the licensing year in which the renewal is filed.

(o) Failure to renew. Any non-Utah licensed attorney who continues to appear pro hac vice in a cause and fails to pay the renewal fee set forth in paragraph (n), will be suspended from appearing in any proceeding subject to the rule after 28 days of the anniversary date. The Bar’s executive director must notify the non-Utah licensed attorney and local counsel of the suspension and file the notice with the Utah tribunal that approved the pro hac vice application. The non-Utah licensed attorney may be reinstated upon paying the fees set forth in paragraph (n) of this rule and a $50 late penalty. Upon paying all accrued fees and late penalty, the Executive Director will reinstate the non-Utah licensed attorney and will certify reinstatement to the appropriate Utah tribunal.

(p) Appeals and other forms of review. A non-Utah licensed attorney admitted in a lower tribunal on a case or matter that is appealed must file a notice of appearance in the appellate court or reviewing tribunal. A new application to the Bar is not required.

(q) Applicable laws. An attorney admitted pro hac vice must comply with and is subject to Utah statutes, Supreme Court rules, the rules of the Utah tribunal in which the attorney appears, and the Utah Code of Judicial Administration.

(r) Tribal representation. A Utah tribunal may allow a non-Utah licensed attorney who is admitted and in good standing in another United States jurisdiction to appear for the limited purpose of participating in a child custody proceeding under the Indian Child Welfare Act of 1978, while representing a tribe, without being subject to the requirements of this rule.

(a) Purpose. The purpose of this rule is to provide eligible law school students and recent law school graduates (“14-807 practitioners”) with supervised practical training in the practice of law for a limited period and to assist the Bar and the judiciary in discharging their responsibilities to help create a just legal system that is accessible to all.

(b) Law student and law school graduateauthorization to practice law. Subject to the inherent power of each judge to have direct control of the proceedings in court and the conduct of attorneys and others who appear before the judge, the courts of Utah are authorized to allow 14-807 practitioners to participate in matters pending before them consistent with this rule.

(c) Eligibility. In order to be eligible to participate under this rule, an individual must be either:

(1) A law school student in good standing who has completed the first year of legal studies amounting to at least two semesters, or the equivalent if the school is not on a semester basis, at an ABA approved law school and is either:

(A) enrolled in a law school clinic or externship and supervised by an attorney authorized to practice law in the state of Utah; or

(B) volunteering for, or employed by, a tax-exempt or governmental agency or a for-profit entity, and supervised by an attorney who is authorized to practice law in the state of Utah; or

(2) A law school graduate who is working under the supervision of an attorney authorized to practice law in the state of Utah, has graduated from an ABA approved law school, and intends to submit an application to the Bar and take the Uniform Bar Examination (UBE) within one year after graduating from law school.

(d) Permissible activities.Subject to all applicable rules, regulations, and statutes, a 14-807 practitioner as defined in this rule may engage in the following activities, so long as the client and supervising attorney consent in writing to each activity, and the supervising attorney remains fully responsible for the manner in which the activities are conducted:

(1) negotiations under paragraph (e);

(2) depositions under paragraph (f);

(3) court and administrative hearing appearances under paragraph (g);

(4) post-conviction relief under paragraph (h); and

(5) other appropriate legal services under paragraph (i).

(e) Negotiations. A 14-807 practitioner may negotiate for and on behalf of the client, subject to final approval thereof by the supervising attorney, or give legal advice to the client, provided that the 14-807 practitioner:

(1) obtains the approval of the supervising attorney regarding the legal advice to be given or plan of negotiation to be undertaken by the law school student or law school graduate; and

(2) performs the activities under the general supervision of the supervising attorney;

(f) Depositions.A 14-807 practitioner may appear on behalf of the client in depositions, provided that the 14-807 practitioner:

(1) has passed a course in evidence; and

(2) performs the activity under the direct supervision and in the personal presence of the supervising attorney;

(g) Court and administrative hearing appearances. A 14-807 practitioner may appear in any court or before any administrative tribunal in this state.

(1) In order to participate in any evidentiary hearing, a law school student must have passed a course in evidence, and in the case of a criminal evidentiary hearing, must have also passed a course in criminal procedure.

(2) The supervising attorney’s and the client’s written consent and approval, along with the law school student’s certification, must be filed in the record of the case and must be brought to the attention of the judge of the court or the presiding officer of the administrative tribunal.

(3) The 14-807 practitioner must orally advise the court at the initial appearance in a case that he or she is certified to appear pursuant to this rule. A law school student or law school graduate may appear in the following matters:

(A) Civil Matters. In civil cases in any court, the supervising attorney is not required to be personally present in court if the person on whose behalf an appearance is being made consents to the supervising attorney’s absence.

(B) Felony or Class A Misdemeanor Criminal Matters on Behalf of the Prosecuting Authority. In any felony or Class A misdemeanor prosecution matter in any court, the supervising attorney must be personally present throughout the proceedings.

(C) Infraction or Class B or Class C Misdemeanor Criminal Matters on Behalf of the Prosecuting Authority. In any infraction or Class B or Class C misdemeanor matter in any court with the written approval of the supervising attorney, the supervising attorney is not required to be personally present in court; however, the supervising attorney must be personally present during any Class B or Class C misdemeanor trial.

(D) Felony or Class A Misdemeanor Criminal Defense Matters. In any felony or Class A misdemeanor criminal defense matter in any court, the supervising attorney must be personally present throughout the proceedings.

(E) Infraction or Class B or Class C Misdemeanor Criminal Defense Matters.In any infraction or Class B or Class C misdemeanor criminal defense matter in any court, the supervising attorney is not required to be personally present in court, so long as the person on whose behalf an appearance is being made consents to the supervising attorney's absence; however, the supervising attorney must be personally present during any Class B or Class C misdemeanor trial.

(F) Appellate Oral Argument. In any appellate oral argument, the supervising attorney must be personally present and the court must give specific approval for the 14-807 practitioner’s participation in that case.

(G) Appellate Pleadings. If a 14-807 practitioner substantially aids in the preparation of written materials in an appellate case, including briefs and memoranda, the supervising attorney may, at his or her discretion, credit the 14-807 practitioner by including the practitioner’s name on the filing below the supervising attorney’s name. The name of the 14-807 practitioner may appear on the cover of the brief or other paper below the name of any licensed attorney appearing on the matter and must indicate that the person is a 14-807 practitioner.

(4) Notwithstanding the terms of paragraph (g)(3), the court may at any time and in any proceeding require the supervising attorney to be personally present for such period and under such circumstances as the court may direct.

(h) Post-conviction relief. A 14-807 practitioner may provide assistance to indigent inmates of correctional institutions or other persons who request such assistance in preparing applications and supporting documents for post-conviction relief, except when the assignment of counsel in the matter is required by any constitutional provision, statute, or rule of this Court; if there is an attorney of record in the matter, all such assistance must be supervised by the attorney of record, and all documents submitted to the court on behalf of such a client must be reviewed and signed by the attorney of record and the supervising attorney.

(i) Other appropriate legal services. A 14-807 practitioner may perform other appropriate legal services, but only after prior consultation with the supervising attorney.

(j) Student certification.For any student participating under this rule, the law school’s dean, or his or her designee, must certify to the supervising attorney that the student is in good standing, has completed the first year of law school studies, and, in the case of a clinic or externship, that the student is enrolled in a law school clinic or externship. The law school’s dean or designee must also certify to the supervising attorney that the student has passed an evidence course if the student will be participating in depositions or evidentiary hearings, and also a criminal procedure course if the law school student will be participating in criminal evidentiary hearings.

(k) Graduate certification.Before participating under this rule, a law school graduate must:

(1) provide the Bar’s admissions office with the name of his or her supervising attorney;

(2) provide the Bar’s admissions office with a signed and dated authorization to release information to the supervising attorney regarding the law school graduate’s Bar applicant status;

(3) provide the Bar’s admissions office with a signed and dated letter from the supervising attorney stating that he or she has read this rule and agrees to comply with its conditions; and

(4) receive a Graduate Practice Certificate from the Bar.

(l) Eligibility termination.A 14-807 practitioner’s eligibility to provide services under this rule terminates upon the earlier occurrence of:

(1) in the case of a law school student, cessation of law school enrollment unless by reason of graduation; or

(2) in the case of a law school graduate:

(A) the expiration of eighteen months from the law school graduate’s date of graduation;

(B) the Bar’s admissions office’s or character and fitness committee’s decision not to approve the graduate’s application; or

(C) notification of the graduate’s failure to obtain a minimum passing score on the UBE as defined in Rule 14-711(d) by the graduate’s second attempt.

(m) Supervisory attorney.The supervising attorney is responsible for ensuring that the conduct of the 14-807 practitioner complies with this rule, which includes verifying the participant’s eligibility.

(a) Applicability. All new lawyers admitted to practice law in Utah on active status must timely complete the requirements of the Bar’s NLTP unless otherwise specified in this rule.

(a)(1) It is the new lawyer's responsibility to ensure that all aspects of the NLTP requirements are met within the required 12 month period in order to renew licensure. This includes but is not limited to filing a Mentoring Completion Certification executed by the assigned mentor attesting to successful completion of the NLTP.

(a)(2) The NLTP is intended to fulfill the requirements of new lawyer MCLE within the first year of the lawyer’s two-year compliance period. The remaining 12 hours required in the two year compliance cycle may be fulfilled at any time by attending other accredited CLE in accordance with the MCLE rules.

(b) Appointment of qualified mentors. The Bar will appoint qualifying mentors in accordance with the NLTP guidelines.

(c) Deferrals.

(c)(1) Those newly admitted lawyers serving judicial law clerkships may apply for temporary deferral at the Bar’s NLTP office until completion of the clerkship. Upon completion of the clerkship, the lawyer must enroll and complete the NLTP's requirements in a 12 month period.

(c)(2) Those newly admitted lawyers who are otherwise not engaged in the practice of law as defined by Supreme Court rules or who are unemployed may petition the NLTP offices for temporary deferral of these requirements.

(d) Exemptions. Those lawyers exempt from completing the NLTP are limited to:

(d)(1) Newly admitted lawyers on active status who do not reside in Utah. Such lawyers are required to fulfill MCLE requirements in their state of residency under the Supreme Court's approved MCLE rules.

(d)(2) Newly admitted Utah lawyers who have been admitted on active status who have practiced law elsewhere for two years or more.

(e) Cost. There is a fee associated with enrollment in the NLTP of $300. One half of the amount is due at time of enrollment after admission and the remainder at time of completion of the program.

(f) Administrative suspension and non-renewal of license for non-compliance. Unless otherwise approved by the NLTP office for good cause, failure to timely complete the program will result in administrative suspension of the lawyer’s license for non-compliance with this rule.

(g) NLTP curriculum and other information. The Bar has developed a proposed NLTP Manual which delineates the requirements that must be completed during the 12 month period. The Manual also includes a Model Mentoring Plan, a time line, necessary forms and suggestions for developing effective mentoring relationships. The proposed NLTP Manual may be found by contacting the Bar or on the Bar’s website.

(h) Conflicts and confidentiality in outside mentoring.

(h)(1) The outside mentor may provide or the new lawyer may seek short-term limited guidance or counsel, within the mentoring relationship, without expectation by either lawyer or the new lawyer’s client(s) that a lawyer-client relationship has been formed or that representation is being provided in the matter by the mentoring attorney.

(h)(2) Where practical the new lawyer and the mentor shall discuss new lawyer client specific issues in hypothetical terms. If hypothetical terms are not practical under the circumstances as determined by the lawyers, a lawyer providing or seeking short-term limited guidance or counsel within the mentoring relationship is not subject to the Utah Rules of Professional Conduct regarding Confidentiality of Information because the disclosure is impliedly authorized under the circumstance and is necessary to carry out the purposes of the NLTP.

(h)(3) To facilitate the goals and purposes of the NLTP, the mentoring lawyer is not required to run a conflict check when guidance or counsel is being provided on a short-term limited basis to a new lawyer regarding a new lawyer’s client. In this respect, the mentoring lawyer’s guidance or counsel, provided on a short-term limited basis to a new lawyer regarding a new lawyer’s client, is not subject to Utah Rules of Professional Conduct regarding Conflict of Interest: Current Clients; Conflict of Interest: Current Clients: Specific Rules; Duties to Former Clients; Imputation of Conflicts of Interest: General Rule; and Special Conflicts of Interest for Former and Current Government Employees. However, the mentor may exercise his or her judgment as to whether a conflict check is advisable.

(h)(4) Subsections (h)(1)-(3) do not apply to lawyers who are outside mentors providing, or new lawyers seeking, counsel or guidance on an on-going or regular basis relating to the needs of or litigation regarding a specific client, within the context of the mentoring relationship. If the lawyers are engaged in on-going or regular guidance or counsel related to a specific client or clients, then the mentoring lawyer must comply with the relevant Utah Rules of Professional Conduct, which may require the lawyers to obtain informed consent from the client and/or to formally enter into a lawyer-client relationship through the execution of an appropriate engagement letter and fee agreement.

(a) For purposes of this rule:

(1) “Active supervision” means:

(A) participating in and sharing responsibility for the representation of the client;

(B) ensuring that the lawyer being supervised conforms to the Rules of Professional Conduct and the Standards of Professionalism and Civility and assuming responsibility for any violation of the Rules of Professional Conduct by the lawyer being supervised; and

(C) making sufficient efforts to prevent any errors or misconduct on the part of the lawyer being supervised and taking immediate action to avoid or mitigate the consequences of any errors or misconduct that occur;

(2) “Unlicensed lawyer” means a lawyer not licensed in Utah but licensed and in good standing in another United States jurisdiction; and

(3) “Utah law firm” means an entity with an office in Utah consisting of one or more Utah licensed lawyers lawfully engaged in the practice of law.

(b) An unlicensed lawyer with a pending application to the Bar may provide legal services in Utah through an office or other systematic and continuous presence provided that the unlicensed lawyer meets the requirements of this rule.

(c) To practice under this rule an unlicensed lawyer must:

(1) reasonably expect to satisfy each requirement for admission by clear and convincing evidence as an Attorney Applicant under Rule 14-704, as a Motion Applicant under Rule 14-705, or as a UBE Transfer Applicant under Rule 14-712;

(2) have submitted to the Bar a complete application as defined in Rule 14-701(l) to sit for the Bar Examination as defined in Rule 14-701(j) or to be admitted by motion;

(3) except for UBE Transfer Applicants underRule 14-712 and an Applicant qualifying under paragraph (d), have been engaged in the full-time active practice of law as defined inRule 14-701(b), (y), and (nn) for 36 of the 60 months immediately preceding the filing of the application for admission;

(4) have graduated from an ABA-approved law school;

(5) have submitted a Practice Pending Admission Request Form to the Bar with the appropriate fee;

(6) have passed a preliminary character and fitness review as prescribed by the Character and Fitness Committee;

(7) have received from the Bar a Practice Pending Admission Certificate;

(8) except for an Applicant qualifying under paragraph (d), have an active law license in a U.S. jurisdiction;

(9) be in good standing in all courts and jurisdictions in which the unlicensed lawyer is admitted to practice;

(10) be affiliated with a Utah law firm and actively supervised by a licensed Utah lawyer affiliated with the same law firm;

(11) not have been subject to an order of attorney discipline within the preceding 84 months and not be subject to a pending grievance, complaint, disciplinary, or disability investigation in any jurisdiction;

(12) not have been previously denied admission to practice law on character and fitness grounds in any jurisdiction; and

(13) inform all clients that the unlicensed lawyer is not licensed in Utah and affirmatively state in all written communications with the public, clients, and other attorneys the following language: “Practice in Utah authorized from [date] to [date] under Rule 14-809 of the Rules Governing the Utah State Bar. Supervised by [name of Utah attorney], a member of the Utah State Bar.”

(d) An Applicant who has received a passing score on the Bar Examination as defined in Rule 14-701(j) and has paid the requisite fees to be included on the next scheduled motion for admission under Rule 14-716(b) may practice under this rule if the Applicant meets all other requirements in paragraph (c).

(e) Eligibility to practice under this rule terminates upon the earlier occurrence of:

(1) the Bar’s admissions office’s or character and fitness committee’s decision to defer or not to approve the unlicensed lawyer’s application;

(2) the lapse of 18 months, or six months for an Applicant qualifying under paragraph (d), from the issuance of the Practice Pending Admission Certificate;

(3) the unlicensed lawyer failing the Bar Examination as defined in Rule 14-701(j) after a second attempt;

(4) the unlicensed lawyer withdrawing his or her application for admission; or

(5) the unlicensed lawyer failing to remain in compliance with paragraphs (c)(8) through (c)(13).

(f) Upon the termination of eligibility under paragraph (e), the unlicensed lawyer must immediately cease practicing law in Utah, and within ten days must:

(1) provide written notice to the Bar’s admissions office of the circumstances causing the termination of eligibility;

(2) provide written notice to all courts, clients, and opposing counsel in pending matters of the unlicensed lawyer’s termination of authority to practice law in Utah; and

(3) in order to protect the interest of the unlicensed lawyer’s clients, transfer all files to the supervising attorney or other Utah licensed lawyer.

(g) The Bar does not have the authority to waive, modify, or extend any of the requirements or time limitations in this rule.

(a) Allowable conduct. If expressly authorized by the Supreme Court, a non-traditional legal service provider may provide the following limited assistance to a client in any justice, juvenile, district, or appellate court of the State of Utah.

1. Stand or sit at counsel’s table with the client during the proceeding;

2. Provide advice and assistance to the client during the proceeding, including prompting a client on how to engage with the court;

3. Respond to any questions from the court directed to the non-traditional legal service provider; and

4. Communicate with an unrepresented party or the party’s lawyer outside of court regarding the proceeding.

(b) Compliance with rules, regulations, and statutes; notice to the court. A non-traditional legal service provider authorized to provide assistance under this rule must:

1. Comply with all rules, regulations, and statutes of the State of Utah, except for those rules expressly waived in the authorization order; and

2. Orally advise the court that the provider is assisting a client pursuant to this rule and express authorization from the Supreme Court. The provider must provide the court with a copy of the authorization if requested by the court.

ARTICLE 9. FUND FOR CLIENT PROTECTION

As used in this article:

(a) "Bar" means the Utah State Bar;

(b) "Board" means the Board of Commissioners of the Utah State Bar;

(c) "Committee" means the Committee on Fund for Client Protection;

(d) "Dishonest conduct" means either wrongful acts committed by a lawyer or a licensed paralegal practitioner in the nature of theft or embezzlement of money or the wrongful taking of or conversion of money, property or other things of value, or refusal to refund unearned fees received in advance where the lawyer or licensed paralegal practitioner performed no service or such an insignificant service that the refusal to return the unearned fees constitutes a wrongful taking or conversion of money; and

(e) "Fund" means the Fund for Client Protection; and

(f) "Supreme Court" means the Utah Supreme Court.

(a) The Fund is established to reimburse clients for losses caused by the dishonest conduct committed by lawyers admitted to practice in Utah or licensed paralegal practitioners licensed in Utah.

(b) The purpose of the Fund is to promote public confidence in the administration of justice and the integrity of the legal profession by reimbursing losses caused by the dishonest conduct of lawyers admitted and licensed to practice law in Utah or licensed paralegal practitioners licensed in Utah, occurring in the course of the lawyer/client, licensed paralegal practitioner/client or fiduciary relationship between the lawyer or licensed paralegal practitioner and the claimant.

(c) Every lawyer and licensed paralegal practitioner have an obligation to the public to participate in the collective effort of the Bar to reimburse persons who have lost money or property as a result of the dishonest conduct of another lawyer or licensed paralegal practitioner. Contribution to the Fund is an acceptable method of meeting this obligation.

(d) These rules shall be effective for claims filed after August 1990, and the Committee, which was previously authorized under the former resolution, may act under the terms of the former resolution on claims filed prior to the effective date of these rules.

Rule 14-902 Note.

By resolution of the Board of Commissioners of the Utah State Bar, a Client Security Fund was approved and established by the Supreme Court, effective April 9, 1977. The Fund was established to provide meaningful, prompt cost reimbursements to clients who had been injured by a lawyer's dishonest act. The original resolution did not provide sufficient rules and/or guidelines for the Committee that was embodied by the resolution to utilize in making its recommendations to the Board of Bar Commissioners. The American Bar Association has adopted, as of August 9, 1989, Model Rules for Lawyers' Fund for Client Protection. The following Rules adopt many of the principles from the American Bar Association Model Rules, as well as features from other states and from the prior resolution of the Board of Commissioners of the Utah State Bar, as approved by the Supreme Court.

Licensed Paralegal Practitioners were included in the Fund in 2019 after the Utah Supreme Court exercised its constitutional authority to govern the practice of law and authorized Licensed Paralegal Practitioners to provide limited legal services in the practice areas of: (1) temporary separation, divorce, parentage, cohabitant abuse, civil stalking and custody and support; (2) forcible entry and detainer; and (3) debt collection matters in which the dollar amount in issue does not exceed the statutory limit for small claims cases.

(a) The Committee shall consist of five lawyers, each to function for a period of five years. The initial membership of the Committee shall be comprised of those individuals who are members of the Committee existing under the former resolution at the time of the adoption of these rules. Subsequent appointments shall be for a term of three years or the term uniformly determined for all Committee members by the Board. Vacancies shall be filled by appointment by the president of the Bar, with the approval of the Board, for the unexpired term.

(b) The Board shall retain the capacity to make any final determination after considering the recommendations of the Committee. The Board, functioning with regard to the Fund, is under the supervision of the Supreme Court.

(a) The Supreme Court will provide for funding by the lawyers licensed in this state in amounts adequate for the proper payment of claims and costs of administering the Fund subject to paragraph (c).

(b) All determinations regarding funding will be within the discretion of the Board, subject to the Supreme Court’s approval.

(c) The Bar has authority to assess its members for purposes of maintaining the Fund at sufficient levels to pay eligible claims in accordance with these rules. The Committee must report annually to the Commission on a timely basis as to known prospective claims as well as total claims paid to date so that an appropriate assessment can be made for the upcoming fiscal year. After the assessment at the beginning of the fiscal year is determined, the Fund balance must be set in an amount of at least $200,000. The Bar will then report to the Supreme Court as to known prospective claims as well as total claims paid to date after which the final assessment and fund balance will be set with the Court’s approval.

(d) A lawyer’s failure to pay any fee assessed under paragraph (c) is cause for administrative suspension from practice until payment is received.

(e) Any lawyer whose actions have caused payment of funds to a claimant from the Fund must reimburse the Fund for all monies paid out as a result of the lawyer’s conduct with interest at legal rate, in addition to payment of the assessment for the procedural costs of processing the claim and reasonable attorney fees incurred by the Office of Professional Conduct or any other attorney or investigator engaged by the Committee to investigate and process the claim as a condition of continued practice.

(1) In lawyer discipline cases for which the Fund pays an eligible claim, the lawyer’s license to practice will be administratively suspended for non-payment until the lawyer has reimbursed the Fund.

All monies or other assets of the Fund including accrued interest thereon shall be held in the name of the Fund in a bank account segregated from all other accounts of the Bar or any committees or sections, subject to the direction of the Board.

(a) The Committee shall meet as frequently as necessary to conduct the business of the Fund and to timely process claims.

(b) The chairperson shall call a meeting at any reasonable time, or upon the request of at least two Committee members.

(c) A quorum of any meeting of the Committee shall be three members.

(d) Minutes of the meeting shall be taken and permanently maintained.

The Committee shall have the following duties and responsibilities:

(a) to receive, evaluate, determine and make recommendations to the Board relative to the individual claims;

(b) to promulgate rules of procedure not inconsistent with these rules;

(c) to provide a full report, at least annually, to the Board and to make other reports as necessary;

(d) to publicize its activities to the public and the Bar, subject to approval of the Board;

(e) to appropriately utilize Bar staff to assist in the Committee's performance of its functions effectively and without delay;

(f) to engage in studies and evaluations of programs for client protection and the prevention of dishonest conduct by lawyers and licensed paralegal practitioners; and

(g) to perform all other acts necessary or proper for the fulfillment of the purposes of the Fund and its effective administration.

(a) A Committee member who has or has had a lawyer-client relationship or a financial relationship with a claimant or lawyer who is the subject of a claim shall not participate in the investigation or adjudication of a claim involving that claimant, lawyer or licensed paralegal practitioner.

(b) A Committee member with a past or present relationship, other than as provided in paragraph (a), with a claimant, the lawyer or the licensed paralegal practitioner whose alleged conduct is the subject of a claim, shall disclose such relationship to the Committee and, if the Committee deems appropriate, that Committee member shall not participate in any proceeding relating to such claim.

The Committee members, employees and agents of the Bar and claimant and lawyers who assist claimants are absolutely immune from civil liability for all acts in the course of their duties.

(a) The loss must be caused by the dishonest conduct of the lawyer or the licensed paralegal practitioner and shall have arisen out of the course of a lawyer/client, licensed paralegal practitioner/client, or fiduciary relationship between the lawyer or the licensed paralegal practitioner and the claimant and by reason of that relationship.

(b) The claim for reimbursement shall be filed within one year after the date of the final order of discipline.

(b)(1) In cases of the lawyer’s or licensed paralegal practitioner’s death, the claim for reimbursement shall be filed within one year of the lawyer’s or licensed paralegal practitioner’s date of death.

(b)(2) In cases of the lawyer’s or licensed paralegal practitioner’s formal disability, the claim for reimbursement shall be filed within one year of the date of the order of disability.

(c) If the subject of the application for reimbursement from the Fund is or arises out of loss occasioned by a loan or an investment transaction with a lawyer or licensed paralegal practitioner, each loss will not be considered reimbursable from the Fund unless it arose out of and in the course of the attorney/client relationship or licensed paralegal practitioner/client relationship; and but for the fact that the dishonest lawyer or licensed paralegal practitioner enjoyed an attorney/client or licensed paralegal practitioner/client relationship with the claimant, such loss could not have occurred. In considering whether that standard has been met the following factors will be considered:

(c)(1) the disparity in bargaining power between the lawyer or the licensed paralegal practitioner and the client in their respective educational backgrounds in business sophistication;

(c)(2) the extent to which the lawyer's or the licensed paralegal practitioner’s status overcame the normal prudence of the claimant;

(c)(3) the extent to which the lawyer or licensed paralegal practitioner, by virtue of the attorney/client or licensed paralegal practitioner/client relationship with the claimant, became privy to information as to the client's financial affairs. It is significant if the lawyer or licensed paralegal practitioner knew of the fact that the client had available assets or was expecting to receive assets which were ultimately wrongfully converted by the lawyer or licensed paralegal practitioner;

(c)(4) whether a clear majority of the service arose out of a relationship requiring a license to practice law in Utah, as opposed to one that did not. In making this evaluation, consideration will be given to:

(c)(4)(A) whether the transaction originated with the lawyer or licensed paralegal practitioner;

(c)(4)(B) the reputation of the lawyer or licensed paralegal practitioner as to scope and nature of his/her practice and/or business involvement;

(c)(4)(C) the amount of the charge made for legal services, if any, compared to that for a finder's fee, if any; and

(c)(4)(D) the number of prior transactions of either a similar or different nature in which the client participated, either with the lawyer or licensed paralegal practitioner involved or any other lawyer, licensed paralegal practitioner, person or business organization;

(c)(5) the extent to which the lawyer or licensed paralegal practitioner failed to make full disclosure to the client in compliance with the Utah Rules of Professional Conduct, including disclosure of the lawyer's or licensed paralegal practitioner’s financial condition and his/her intended use of the funds.

(d) Exceptions. Except as provided by paragraph (e), the following losses shall not be reimbursed:

(d)(1) loss incurred by spouses, children, parents, grandparents, siblings, partners and associates of the lawyer or licensed paralegal practitioner;

(d)(2) losses covered by any bond, surety, agreement or insurance contract to the extent covered thereby, including any loss to which any bonding agent, surety or insurer is subrogated to the extent of that subrogated interest;

(d)(3) losses of any financial institution which are recoverable under a "Banker's Blanket Bond" or similar commonly available insurance or surety contract;

(d)(4) any business entity controlled by the lawyer, licensed paralegal practitioner or any person or entity described in paragraph (d)(1);

(d)(5) any governmental entity or agency;

(d)(6) any assigned claims, third party claims, claims of heirs or estates of deceased claimants;

(d)(7) any claims where claimant has failed to exhaust all other reasonably available services or recovery methods;

(d)(8) any investment losses, as distinguished from legal fees, which might reasonably be characterized as:

(d)(8)(A) any pyramid or ponzie scheme;

(d)(8)(B) any investment in or loan to any offshore entity;

(d)(8)(C) any investment in or loan to an entity that claims that a benefit to the investor would be the evasion, avoidance, reduction or other sheltering of taxes that would be otherwise assessed on the investment; or

(d)(8)(D) any investment that promises such a high rate of return that a reasonable and prudent person would suspect that the venture is of unusually high risk.

(e) In cases of extreme hardship or special and unusual circumstances, the Committee may, in its discretion, recognize a claim which would otherwise be excluded under these rules.

(a) The Committee shall prepare and approve a form of claim for reimbursement.

(b) The form shall include at least the following information provided by the claimant under penalty of perjury:

(b)(1) the claimant's name and address, home and business telephone, occupation and employer, and social security number for purposes of subrogation and tax reporting;

(b)(2) the name, address and telephone number of the lawyer or licensed paralegal practitioner who has dishonestly taken the claimant's money or property;

(b)(3) the legal or other fiduciary services the lawyer or licensed paralegal practitioner was to perform for the client;

(b)(4) how much was paid to the lawyer or licensed paralegal practitioner;

(b)(5) the copy of any written agreement pertaining to the claim;

(b)(6) the form of the claimant's loss involved (e.g. money, securities or other property) and the attachment of any documents that evidence the claimed loss such as cancelled checks, title instruments, deeds or stock certificates;

(b)(7) the amount of loss and the date when the loss occurred;

(b)(8) the date when the claimant discovered the loss and how the claimant discovered the loss;

(b)(9) the lawyer's or licensed paralegal practitioner’s dishonest conduct and the names and addresses of any persons who have knowledge of the loss;

(b)(10) identification of whom the loss has been reported to (e.g. county attorney, police, disciplinary agency, or other person or entity), and a copy of any complaint and description of any action that was taken;

(b)(11) the source, if any, from which the loss could be reimbursed, including any insurance, fidelity or surety agreement;

(b)(12) the description of any steps taken to recover the loss directly from the lawyer, licensed paralegal practitioner or any other source;

(b)(13) the circumstances under which the claimant has been, or will be, reimbursed for any part of the claim (including the amount received or to be received, and the source), along with a statement that the claimant agrees to notify the Committee of any reimbursements the claimant receives during the pendency of the claim;

(b)(14) the existence of facts believed to be important to the Committee's consideration of the claim;

(b)(15) the manner in which the claimant learned about the Fund;

(b)(16) the name, address and telephone number of the claimant's present lawyer or licensed paralegal practitioner, if any;

(b)(17) the claimant's agreement to cooperate with the Committee in reference to the claim, as required by the Utah or Federal Rules of Civil Procedure, in reference to civil actions which may be brought in the name of the Bar, pursuant to a subrogation and assignment clause, which shall also be contained within the claim;

(b)(18) the name and address of any other state fund to which the claimant has applied or intends to apply for reimbursement, together with a copy of the application; and

(b)(19) the statement that the claimant agrees to the publication of appropriate information about the nature of the claim and the amount of reimbursement, if reimbursement is made.

(c) The claimant shall have the responsibility to complete the claim form and provide satisfactory evidence of a reimbursable loss.

(d) The claim shall be filed with the Committee by providing the same to the Utah State Bar, Fund for Client Protection at the Law and Justice Center, 645 South 200 East, Salt Lake City, Utah 84111.

(a) Whenever it appears that a claim is not eligible for reimbursement pursuant to these rules, the claimant must be advised of the reasons why the claim may not be eligible for reimbursement, and that unless additional facts to support eligibility are submitted to the Committee, the claim file will be closed. The Fund chair may appoint themselves or any Committee member to determine the eligibility of claims.

(b) A certified copy of an order disciplining a lawyer for the same dishonest act or conduct alleged in the claim, or a final judgment imposing civil or criminal liability therefor, is evidence that a lawyer committed such dishonest act or conduct.

(c) The Office of Professional Conduct must be promptly notified of each and every claim.

(d) The lawyer alleged to have engaged in dishonest conduct must be provided a copy of the claim and given an opportunity to respond to the Committee in writing within 21 days of receiving the claim.

(e) The Committee may request that testimony be presented. If desired, the lawyer or lawyer’s representative must request an opportunity to be heard within 21 days of receiving a notice from the Committee that the Committee will process the claim.

(f) The Committee may make a finding of dishonest conduct for purposes of adjudicating a claim. Such a determination is not a finding of dishonest conduct for the purposes of professional discipline and further, represents only a recommendation to the Board. A claim may only be considered if the individual lawyer involved has been disciplined to a threshold level of a public reprimand or is no longer in practice.

(g) The claim will be determined on the basis of all available evidence, and notice must be given to the claimant and the lawyer of the final decision by the Board after a recommendation has been made by the Committee. The recommendation for approving or denying a claim requires the affirmative votes of a majority of the Committee members and a quorum of the voting Board members.

(h) Any proceeding on a claim will not be conducted according to technical rules relating to evidence, procedure, and witnesses. Any relevant evidence must be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of any common law or statutory rule that may make improper the admission of such evidence over objection in court proceedings. The claimant has the duty to supply relevant evidence to support the claim.

(i) The Board must determine the order and manner of payment and pay those claims it deems meritorious. Unless the Board directs otherwise, no claim will be approved during a pending disciplinary proceeding involving the same act or conduct as alleged in the claim. No determination or hearing will take place until all disciplinary proceedings are complete.

(j) The Board must advise both the claimant and the lawyer of the status of the Board’s consideration of the claim and after having received the recommendation of the Committee, must also be informed of the final determination.

(k) The claimant may request reconsideration within 28 days of the denial or determination of the amount of the claim.

(a) The Board may, from time to time, fix a maximum amount of reimbursement that is payable by the Fund. Initially, the maximum amount shall be $10,000 per claim and $25,000 total dollars within any given calendar year with regard to an individual lawyer or licensed paralegal practitioner.

(a)(1) There shall be a lifetime claim limit of $425,000 per lawyer or licensed paralegal practitioner.

(b) Claimant shall be reimbursed for losses in amounts to be determined by the Board after recommendations by the Committee. Reimbursement shall not include interest and other incidental and out-of-pocket expenses.

(c) Payment of reimbursement shall be made in such amounts and at such time as the Board approves and may be paid in lump sum or installment amounts. In the event that the Committee determines that there is a substantial likelihood that claims against the lawyer or licensed paralegal practitioner may exceed either the annual or lifetime claim limits, claims may be paid on a pro rata basis or otherwise as the Board and the Committee determine is equitable under the circumstances.

(d) If a claimant is a minor or an incompetent, the reimbursement may be paid to any proper and legally recognized person or authorized entity for the benefit of the claimant.

Advisory Committee Notes

Rule 14-913 Amendment Note: The Bar changed from a calendar year to a fiscal year (July 1 to June 30) in 1990.

The Board approved increasing the yearly per claim award limit from $10,000 to $20,000 and to eliminate the yearly per lawyer claim limit of $25,000 on December 1, 2000.

The Board voted to reinstate the yearly lawyer cap of $25,000 on June 8, 2001.

The Board voted to raise the yearly per lawyer cap to $50,000 from the previously reinstated $25,000 cap on December 7, 2001.

The Board voted to raise the yearly per lawyer cap to $75,000 on October 29, 2010.

No person shall have a legal right to reimbursement from the Fund, whether as claimant, beneficiary or otherwise, and any payment is a matter of grace.

(a) A lawyer or licensed paralegal practitioner whose dishonest conduct results in reimbursement to a claimant shall be liable to the Fund for restitution, and the Bar may bring such action as it deems advisable to enforce such obligation.

(b) As a condition of reimbursement, a claimant shall be required to provide the Fund with a pro tanto transfer of the claimant's rights against the lawyer or licensed paralegal practitioner and their legal representative, estate or assigns; and of claimant's rights against any third party or entity who may be liable for the claimant's loss.

(c) Upon commencement of an action by the Bar as subrogee or assignee of a claim, it shall advise the claimant, who may then join in such action to recover the claimant's unreimbursed losses.

(d) In the event the claimant commences an action to recover unreimbursed losses against the lawyer, licensed paralegal practitioner or any other entity who may be liable for the claimant's loss, the claimant shall be required to notify the Bar of such action.

(e) The claimant shall be required to agree to cooperate in all efforts that the Bar undertakes to achieve restitution for the Fund.

Claims, proceedings and reports involving claims for reimbursement are confidential until the Committee recommends, and final determination is made by the Board, authorizing reimbursement to the claimant, except as provided below. After payment of the reimbursement, the Board may publicize the nature of the claim, the amount of reimbursement and the name of the lawyer or licensed paralegal practitioner. The name and address of the claimant shall not be publicized by the Bar, unless specific permission has been granted by the claimant.

(a) A lawyer or law firm must create and maintain an interest or dividend-bearing trust account for client funds (“IOLTA account”). All client funds must be placed into this account except those funds which can earn net income for the client in excess of the costs to secure such income, except as provided in paragraph (g).

(b) In determining whether a client’s funds can earn net income in excess of the costs of securing that income for the benefit of the client, the lawyer or law firm must consider the following factors:

(1) the amount of the funds to be deposited;

(2) the expected duration of the deposit, including the likelihood of delay in the matter for which funds are held;

(3) the rates of interest or yield at financial institutions where the funds are to be deposited;

(4) the costs of establishing and administering non-IOLTA accounts for the client’s benefit, including service charges, and the costs of preparing any tax reports required for income accruing to the client’s benefit; and

(5) the capability of financial institutions, lawyers, or law firms to calculate and pay income to individual clients and any other circumstances that may affect the ability of the client’s funds to earn net income.

(c) The lawyer or law firm must review its IOLTA and non-IOLTA client trust account(s) at reasonable intervals, but not less than annually, to determine whether changed circumstances require further action with respect to the funds of a particular client.

(d) The lawyer or law firm must:

(1) not allow earnings from a client trust account to be made available to a lawyer or law firm;

(2) place in the IOLTA account all client funds which cannot earn net income for the client in excess of the costs of securing that income;

(3) establish an IOLTA account with an eligible financial institution that has voluntarily chosen to offer and maintain IOLTA accounts, and:

(A) is authorized by federal or state law to do business in Utah and has a depository branch physically located in the state of Utah;

(B) is insured by the Federal Deposit Insurance Corporation or its equivalent;

(C) complies with Rule 1.15(a) of the Utah Rules of Professional Conduct; and

(4) direct the depository institution where the IOLTA account is established:

(A) to remit all interest or dividends, net of allowable reasonable service charges or fees, if any, on the average monthly balance in the account, or as otherwise computed in accordance with the institution's standard practice, at least quarterly, solely to the Utah Bar Foundation (“Foundation”). When feasible, the depository institution must remit the interest or dividends on all of its IOLTA accounts in a lump sum, however, the depository institution must provide, for each individual IOLTA account, the information to the Foundation required by paragraphs (d)(4)(B) and (d)(4)(C) of this rule;

(B) to report in a form and through any manner of transmission approved by the Foundation showing the name of the lawyer or law firm and the amount of the remittance attributable to each, account number for each account, the rate and type of interest or dividend applied, the amount and type of allowable reasonable service charges or fees deducted, the average account balance for the reporting period, and such other information as is reasonably required by the Foundation;

(C) to report in accordance with normal procedures for reporting to depositors;

(D) that allowable reasonable service charges or fees in excess of the interest earned on the account for any period must not be taken from interest earned on other IOLTA accounts or any principal balance of the accounts; and

(E) to comply with all other administrative rules for IOLTA accounts as promulgated by the Foundation or the Supreme Court.

(e) The determination of whether or not an institution is an eligible institution and whether it is meeting the requirements of this rule must be made by the Foundation. The Foundation must maintain a list of participating eligible financial institutions and must provide a copy of the list to any Utah lawyer upon request.

(f) Lawyers may only maintain IOLTA accounts in eligible financial institutions. Eligible financial institutions are those that voluntarily offer IOLTA accounts and comply with the requirements of this rule, including maintaining IOLTA accounts which pay the highest interest rate or dividend generally available from the institution to its non-IOLTA account customers when IOLTA accounts meet or exceed the same minimum balance or other account eligibility qualifications, if any. In determining the highest interest rate or dividend generally available from the institution to its non-IOLTA accounts, eligible institutions may consider factors, in addition to the IOLTA account balance, customarily considered by the institution when setting interest rates or dividends for its customers, provided that such factors do not discriminate between IOLTA accounts and accounts of non-IOLTA customers, and that these factors do not include that the account is an IOLTA account.

(1) An eligible financial institution may satisfy these comparability requirements by electing one of the following options:

(A) establish the IOLTA account as the comparable rate product; or

(B) pay the comparable rate on the IOLTA checking account in lieu of actually establishing the comparable highest interest rate or dividend product;

(C) pay an amount on funds that would otherwise qualify for the investment options noted at (f)(3) equal to 70% of the federal funds targeted rate as of the first business day of the month or other IOLTA remitting period, which is deemed to be already net of allowable reasonable service charges or fees. The safe harbor yield rate may be adjusted once per year by the Foundation, upon 90 days written notice to financial institutions participating in the IOLTA program; or

(D) pay a yield rate specified by the Foundation, if the Foundation so chooses, which is agreed to by the financial institution. The rate would be deemed to be already net of allowable reasonable fees and would be in effect for and remain unchanged during a period of no more than twelve months from the inception of the agreement between financial institution and the Foundation.

(2) IOLTA accounts may be established as:

(A) a business checking account with an automated investment feature, such as an overnight and investment in repurchase agreements or money market funds invested solely in or fully collateralized by U.S. government securities, including U.S. Treasury obligations and obligations issued or guaranteed as to principal and interest by the United States or any agency or instrument thereof;

(B) a checking account paying preferred interest rates, such as money market or indexed rates;

(C) a government interest-bearing checking account such as accounts used for municipal deposits;

(D) an interest-bearing checking account such as a negotiable order of withdrawal (NOW) account, or business checking account with interest; or

(E) any other suitable interest-bearing deposit account offered by the institution to its non-IOLTA customers.

(3) A daily financial institution repurchase agreement must be fully collateralized by the United States Government Securities and may be established only with an eligible institution that is “well capitalized” or “adequately capitalized” as those terms are defined by applicable federal statutes and regulations. An open-end money-market fund must be invested solely in the United States Government Securities or repurchase agreements fully collateralized by United States Government Securities, must hold itself out as a “money-market fund” as that term is defined by federal statutes and regulations under the Investment Company Act of 1940 and, at the time of the investment, must have total assets of at least two hundred fifty million dollars ($250,000,000).

(4) Nothing in this rule precludes a participating financial institution from paying a higher interest rate or dividend than described above or electing to waive any service charges or fees on IOLTA accounts.

(5) Interest and dividends must be calculated in accordance with the participating financial institution’s standard practice for non-IOLTA customers.(6) “Allowable reasonable service charges or fees” for IOLTA accounts are defined as per check charges, per deposit charges, a fee in lieu of minimum balances, sweep fees, FDIC insurance fees, and a reasonable IOLTA account administrative fee.

(7) Allowable reasonable service charges or fees may be deducted from interest or dividends on an IOLTA account only at the rates and in accordance with the customary practices of the eligible institution for non-IOLTA customers. No fees or service charges other than allowable reasonable fees may be assessed against the accrued interest or dividends on an IOLTA account. Any fees and service charges other than allowable reasonable fees must be the sole responsibility of, and may be charged to, the lawyer or law firm maintaining the IOLTA account.

(g) Any IOLTA account which has or may have the net effect of costing the IOLTA program more in fees than earned in interest over a period of any time, may at the discretion of the Foundation, be exempted from and removed from the IOLTA program. Exemption of an IOLTA account from the IOLTA program revokes the permission to use the Foundation’s tax identification number for that account. Exemption of such account from the IOLTA program will not relieve the lawyer and/or law firm from the obligation to maintain the property of client funds separately, as required above, in a non-interest bearing account and also will not relieve the lawyer of the annual IOLTA certification.

(h) In the event a lawyer determines that funds placed in an IOLTA account should have been placed in an interest bearing account for the benefit of the client, the lawyer or law firm must:

(1) make a request for a refund in writing, in a timely manner, to the Foundation on firm letterhead within a reasonable period of time after the interest was remitted to the Foundation; and

(2) provide verification from the financial institution of the interest amount. In no event will the Foundation refund more than the amount of net interest it received; remittance must be made to the financial institution for transmittal to the lawyer or law firm, after appropriate accounting and reporting.

(i) On or before September 1 of each year, any lawyer admitted to practice in Utah must certify to the Foundation, in such form as the Foundation provides (“IOLTA Certification Form”), that the member is in compliance with, or is exempt from, the provisions of this rule. If the lawyer or law firm maintains an IOLTA account, the lawyer must certify the manner in which the lawyer accounts for the interest on clients’ trust accounts. The IOLTA Certification Form must include the financial institution, account numbers, name of accounts and such other information as the Foundation requires. If the lawyer is exempt from the IOLTA program, the lawyer must still submit an IOLTA Certification Form annually to certify to the Foundation that he or she is exempt from the provisions in this rule. Each lawyer must keep and maintain records supporting the information submitted in the IOLTA Certification Form. The lawyer must maintain these records for a period of five years from the end of the period for which the IOLTA Certification Form is filed, and these records must be submitted to the Foundation upon written request. Failure by the lawyer to produce such records within thirty days after written request by the Foundation constitutes a rebuttable presumption that the lawyer has not complied with these rules.

(1) If the IOLTA Certification Form is timely filed, indicating compliance, there will be no acknowledgement. Should an IOLTA Certification Form filed by a lawyer fail to evidence compliance, the Foundation must contact the lawyer and attempt to resolve the non-compliance administratively.

(2) The Foundation must furnish annually to the Utah Supreme Court a list of all licensed Utah lawyers who have not timely filed an IOLTA Certification Form and any lawyers with whom the Foundation has been unable to administratively resolve an impediment to the proper filing of an IOLTA Certification Form or the proper compliance with this rule.

(3) Any lawyer who is not in compliance with IOLTA or who has failed to complete the IOLTA Certification Form by September 1 will be sent, by certified mail, return receipt requested, a non-compliance notice. Should the attorney fail or refuse to rectify the situation within thirty (30) days of such notice, the Foundation must petition the Utah Supreme Court for the lawyer’s suspension from the practice of law.

(4) A lawyer suspended by the Utah Supreme Court under the provisions of this rule may be reinstated by the Court upon motion of the Foundation showing that the lawyer cured the noncompliance issue for which the lawyer was suspended. If a lawyer was suspended by the Utah Supreme Court for non-compliance with these rules, the lawyer must then comply with all applicable rules to be eligible to return to active or inactive status.

(j) A lawyer may be exempt from having to maintain an IOLTA account for the following reasons:

(1) the lawyer or law firm’s client trust account has been exempted and removed from the IOLTA program by the Foundation pursuant to paragraph (g) of this rule; or

(2) the lawyer certified in his or her most recent annual IOLTA Certification Form that the lawyer:

(A) is not engaged in the private practice of law or does not manage or handle client trust funds and does not have a client trust account (e.g., corporate counsel, judge, employed by local, state or federal government who does not handle client trust funds, or in private practice but does not handle client monies and has no client trust account);

(B) does not have an office within Utah and has the client’s permission to hold the funds out of state; or

(C) has been exempted by an order of general or special application of this Court which is cited in the certification;

(3) the lawyer or law firm petitions for and receives a written exemption from the Foundation that compliance with this rule would create an undue hardship on the lawyer and would be extremely impractical, based on geographic distance between the lawyer’s principal office and the closest depository institution which is participating in the IOLTA program.

(k) Lawyers licensed in Utah must notify the Foundation in writing within thirty (30) days of any change in IOLTA status, including the opening or closing of any IOLTA accounts.

(l) The Foundation is the only entity authorized to receive and administer IOLTA funds in Utah.

(1) The Foundation has general supervisory authority over the administration of the IOLTA funds, subject to the continuing jurisdiction of the Supreme Court.

(2) The Foundation receives the net earnings from all IOLTA accounts and must make appropriate investments of IOLTA funds. The Foundation must maintain proper records of all IOLTA receipts and disbursements, which records may be audited or reviewed annually by a certified public accountant. The Foundation must annually present to the Supreme Court a reviewed or audited financial statement of the IOLTA receipts and expenditures for the prior year and a summary thereof must be made available to anyone requesting copies.

(3) The Foundation must present annually to the Supreme Court a status report on activities of the Foundation and compliance with these rules.

(4) The Foundation must make disbursements from the IOLTA program funds, including current and accumulated net earnings, by grants, appropriations, and other appropriate measures, as outlined in the articles and by-laws for the organization.

(5) The Foundation may promulgate such other rules, procedures, reports, and forms that are necessary or advisable for the proper implementation of the foregoing rules.

(m) Unclaimed funds in IOLTA or non-IOLTA client trust accounts.

(1) A lawyer or law firm with unclaimed funds in a client trust account must make a good faith effort to locate the owner of the funds. Unclaimed funds are monies which a lawyer or law firm is holding in a client trust account that should be distributed to a client, former client, or third party, but there has been no response to the lawyer’s or law firm’s reasonable efforts to encourage the party to claim their rightful funds. If the owner is unable to be located or does not claim their funds, the lawyer or law firm must transfer all unclaimed client funds to the Utah Unclaimed Property Division.

(2) The representative for the estate of a deceased or incapacitated lawyer must notify the Office of Professional Conduct if there are unclaimed funds held in a client trust account prior to the estate remitting those funds to the Utah Unclaimed Property Division.

(3) After 7/9/2025, the Foundation may not receive or hold unclaimed client funds. Within sixty days after the 7/9/2025 effective date, the Foundation must transfer all unclaimed client funds and identifying information about the funds currently held by the Foundation to the Utah Unclaimed Property Division and maintain a record of the transfer for five years.

(n) Unidentified funds in IOLTA or non-IOLTA client trust accounts.

(1) The Foundation will receive all unidentified funds that come from a client trust account. Unidentified funds are accumulated funds in a client trust account that cannot be reasonably documented as belonging to a client, former client, third party, or the lawyer or law firm.

(2) A lawyer, law firm, or representative for the estate of a deceased or incapacitated lawyer that learns of unidentified funds in their client trust account must make periodic efforts to identify and return the funds to the rightful owner. If after 12 months from the discovery of the unidentified funds, it is determined that further efforts to ascertain the ownership of the funds will not succeed, the lawyer, law firm, or representative must remit the funds to the Foundation. A lawyer that remits funds in error or subsequently identifies the owner of the remitted funds may make a claim for a refund to the Foundation within three years of the date of remittance. The Foundation will return the funds to the lawyer after verifying the claim. A lawyer or law firm’s remittance to the Foundation under this paragraph will not constitute misconduct or grounds for discipline if the lawyer or law firm exercised reasonable efforts to identify the owner of the funds and remitted the funds to the Foundation in good faith.

(3) If any unidentified funds from a lawyer or law firm’s client trust account are remitted to the Utah Unclaimed Property Division, the Division will notify the Foundation and transfer collected funds along with any identifying information regarding the account to the Foundation for further investigation.

(4) If a financial institution identifies that a lawyer’s client trust account owner is deceased or has abandoned funds maintained in an IOLTA or non-IOLTA client trust account, the financial institution should notify the Foundation about the account balance and all relevant account ownership information. Financial institutions may remit funds to the Utah Unclaimed Property Division which will transfer the funds to the Foundation or funds may be directly remitted to the Foundation for further investigation.

(5) The Foundation will administer all unidentified funds remitted from an IOLTA or non-IOLTA client trust account. The Foundation will:

(A) receive and hold all funds from any person or entity with unidentified client trust account funds;

(B) maintain all relevant records relating to the funds;

(C) within thirty days of receiving the funds, provide notice to the Office of Professional Conduct and the Fund for Client Protection of funds, any identifying information received about the account, and the total amount of the funds received;

(D) request in writing that the Office of Professional Conduct attempt to identify the owner of any unidentified funds with a balance of $1,000 or greater;

(E) act in accordance with written direction from the Office of Professional Conduct and/or the Fund for Client Protection to transfer the principal balance of funds to the Utah State Bar when ownership of funds has been established so that the funds can be returned to the client or used to reimburse a claim approved by the Fund for Client Protection; and

(F) send written notification to the Office of Professional Conduct and the Fund for Client Protection when unidentified funds have been held for more than three years by the Foundation to confirm that ownership is unable to be determined and no case has been opened by OPC or the Fund for Client Protection. Upon confirmation from those entities, those funds will escheat to the Foundation for use consistent with their charitable mission.

(o) Upon written request from the Utah Office of Professional Conduct or the Fund for Client Protection at the Utah State Bar, the Foundation will provide client trust account status and related information on a lawyer or law firm.

Article 11. Resolution of Fee Disputes

As used in this article

(a). "Bar" means the Utah State Bar;

(b) "chair" means the chair of the Utah State Bar Fee Dispute Resolution Committee;

(c) "client" means a person or entity who, directly or through an authorized representative, consults, retains or secures legal services or advice from a lawyer in the lawyer’s professional capacity;

(d) "Committee" means the Utah State Bar Fee Dispute Resolution Committee;

(e) "decision" means the determination made by the panel in a fee arbitration proceeding;

(f) "executive director" means the executive director of the Bar or his or her designee;

(g) "he" and the masculine pronouns includes "she" and feminine pronouns;

(h) "lawyer" or "attorney" means a person admitted to the practice of law in Utah, which may include a lawyer’s assignee “Lawyer” includes a lawyer and a Licensed Paralegal Practitioner unless the Rule specifically refers to one type of licensee or does not apply because of the limited scope of the Licensed Paralegal Practitioner’s practice as defined in Supreme Court Rule of Professional Practice 14-802.

(j) “licensed paralegal practitioner” denotes a person authorized by the Utah Supreme Court to provide legal representation as authorized in Utah Special Practice Rule 14- 802.

(j) "panel" means the arbitrator(s) assigned to hear a fee dispute and to issue a decision;

(k) "petition" means a written request for fee arbitration in a form approved by the Committee;

(l) "petitioner" means the party requesting fee arbitration and can be either a client or an attorney; and

(m) "respondent" means the party with whom the petitioner has a fee dispute and can be either a lawyer or a client.

(a) The purpose of the Committee is to resolve fee disputes between lawyers and their clients by means of arbitration, mediation, or other alternative dispute resolution mechanisms.

(b) The Committee must consist of members appointed annually by the president of the Bar. The president of the Bar must designate one of the members of the Committee as the chair. At the discretion of the president, a vice chair and/or secretary may be appointed from the members of the Committee.

(c) Participation in the fee arbitration process is non-mandatory. However, if all the necessary parties elect in writing to arbitrate, the decision is binding.

(d). After all parties have agreed in writing to be bound by an arbitration decision, a party may not withdraw from that agreement unless all parties agree to the withdrawal in writing.

(a) Disputes not subject to arbitration. These rules do not apply to the following:

(a)(1) disputes in which the client seeks relief against a lawyer based upon alleged malpractice. The arbitration panel may consider evidence relating to claims of malpractice and professional misconduct, but only to the extent that those claims bear upon the fees, costs, or both, to which the lawyer claims he or she is entitled. The panel may not award affirmative relief in the form of damages for injuries underlying any such claim;

(a)(2) disputes in which entitlement to, and the amount of the fees and/or costs charged or paid to a lawyer by the client or on the client's behalf, have been determined by court order;

(a)(3) disputes in which the request for arbitration or mediation is filed more than four years after the lawyer/client relationship has been terminated, or more than four years after the final billing has been received by the client, or the civil action concerning the disputed amount is barred by the statute of limitations, whichever is later; and

(a)(4) at the discretion of the executive director or the chair, disputes which are deemed to be administratively burdensome due to either the complexity, the nature or number of the factual and/or legal issues involved or the amount in controversy.

(b) Mediation to be considered. In those cases where all necessary parties refuse to be bound by arbitration, the chair or his designee will advise the petitioner and the respondent of the option of entering into non-binding mediation. Mediation must be agreed upon by the petitioner, respondent and third parties responsible for payment, if any.

(a) Petition and agreement to arbitrate. Proceedings before the Committee shall be started by the petitioning party completing and filing a verified petition to arbitrate fee dispute as well as an agreement to arbitrate fee dispute. The petition and agreement to arbitrate shall be on forms provided by the Bar. When the petition and agreement to arbitrate are completed and signed by the petitioner, they shall be filed with the Bar.

(b) Answer. The Bar shall forward to the respondent the petition and agreement to arbitrate, and request that the respondent sign and return the agreement to arbitrate and file an answer to the petition. The Bar will further advise that if the respondent fails to answer and return the signed agreement to arbitrate within ten days, the Committee will construe such failure as constituting a refusal by the respondent to submit to arbitration. Upon the Bar's receipt of the signed agreement to arbitrate and respondent's answer, the Bar shall forward to the petitioner a copy of the executed agreement to arbitrate and a copy of the respondent's answer.

(c) Fee. After both parties have agreed to binding arbitration, the petitioner shall pay a $10 fee. Unless the fee is paid, the proceeding will not go forward.

(d) Respondent's refusal to arbitrate. If the respondent refuses to submit the fee dispute to arbitration, the Bar shall notify the petitioner and the chair. No fee arbitration proceeding shall be conducted unless the respondent agrees to binding arbitration in writing. If all the parties refuse binding arbitration, the chair or his designee shall encourage the parties to elect mediation under Rule 14-1103 (b).

(e) Subpoena and discovery. The provisions of Utah Uniform Arbitration Act pertaining to the issuance of subpoenas in arbitration proceedings shall be applicable to arbitration proceedings held pursuant to these rules. The chair, in his sole discretion, and upon the motion of petitioner or respondent, may authorize the use of discovery procedures as provided in the Utah Uniform Arbitration Act.

(f) Extensions and postponements. The chair or his designee may grant extensions of time for the performance of any act required by these rules.

(a) Designation of panel composition. When the Committee has the agreement to arbitrate signed by all parties, and the petition and the answer, the chair or his designee must designate from the Committee three persons to serve as a panel for the arbitration. Each panel must consist of (i) one lawyer licensed to practice law in Utah; (ii) one current or retired state or federal judge, domestic relations commissioner, or senior judge; and (iii) one non-lawyer. The chair or his designee, by written notice served personally or by mail to all parties to the arbitration, must inform the parties of the names of the designated panel members. The chair must designate the lawyer or the judge in each panel as the chair of the panel. The chair or his designee may request the panel chair to designate the non-lawyer member of the panel.

(b) Less than $10,000 in controversy. Notwithstanding the provisions contained in paragraph (a), the chair or his designee must designate from the Committee an arbitration panel consisting of one lawyer in those arbitration proceedings in which the amount in controversy is less than $10,000. However, when the amount in controversy is less than $10,000 but more than $7,500 the chair or designee must advise the petitioner that he or she may choose and receive a three member panel as set forth in paragraph (a).

(c) Assigning file. When the composition of the panel has been determined, the chair must assign the file to the member(s) of the arbitration panel.

(d) New claims. If new claims not set forth in the petition are raised by a respondent’s answer or by other documents in the arbitration, the petitioner’s consent is not required for the panel to consider the new claims.

(e) Conflict of interest. As soon as practical, an arbitrator shall notify the Committee of any conflict of interest with a party to the arbitration as defined by the Utah Rules of Professional Conduct. Upon notification of the conflict, the Committee must appoint a replacement from the list of approved arbitrators.

(a) Setting of hearing. The panel chair or the sole arbitrator, shall set a time and place for the hearing and shall cause written notice to be served personally or by mail on all parties to the arbitration, and on the remaining panel members, not less than 30 days before the hearing. A party's participation at a scheduled hearing shall constitute a waiver on his part of any deficiency with respect to the filing of the notice of the hearing.

(b) Notice of hearing and rights. In the notice of the hearing, the panel chair or sole arbitrator shall inform the parties of their right to present witnesses and documentary evidence in support of their respective positions, and to be represented by an attorney.

(c) Court reporter and transcripts. Any party may have the hearing reported by a certified court reporter at his expense, by written request presented to the panel chair or sole arbitrator at least three days prior to the date of the hearing. The chair or arbitrator shall confirm with the court reporter that the requesting party, and not the Bar, is responsible for all costs of the court reporter. In such event, any other party to the arbitration shall be entitled to obtain, at his own expense, a copy of the reporter's transcript of the testimony by arrangements made directly with the reporter. When no party to the arbitration requests that the hearing be reported, and the panel chair or sole arbitrator deems it necessary to have the hearing reported, the panel chair or sole arbitrator may employ a certified court reporter for such purpose if authorized to do so by the executive director in writing.

(d) Testimony under oath. Upon request by any party to the arbitration or any member of the panel, the testimony of witnesses shall be given under oath. When so requested, any member of the panel or the court reporter may administer an oath to the witness.

(e) Evidence and civil procedure. The panel shall be the judge of the relevancy and materiality of evidence offered and shall rule on questions of procedure. The panel shall exercise all powers related to the conduct of the hearing. Conformity to legal rules of evidence or civil procedure shall not be required.

(f) Panel member failure to appear. If, at the time set for any hearing, one of the members of the panel is not present, the panel chair, or in the event of his unavailability, the chair or his designee, in his sole discretion, shall decide either to postpone the hearing, or with the consent of the parties, to proceed with the hearing with the remaining two members of the panel as the arbitrators.

(g) Party failure to appear. If any party to an arbitration who has been duly notified fails to appear at a scheduled hearing, the panel may proceed with the hearing and determine the controversy upon the evidence produced.

(h) Adjournment and postponement. The panel chair or the sole arbitrator may adjourn the hearing from time to time as necessary. Upon the request of a party and for good cause, or upon the determination of the panel chair or sole arbitrator, the panel chair or sole arbitrator may postpone the hearing from time to time.

(i) Failure of a lawyer respondent to respond. Failure of a lawyer respondent to file the fee arbitration response form shall not delay the scheduling of a hearing. In any such case, the panel may, in its discretion, refuse to consider evidence offered by the lawyer which would reasonably be expected to have been disclosed in the response.

(j) Telephonic hearings. In its discretion, a panel may permit a party to appear or present witness testimony at the hearing by telephonic conference call. The cost of the telephone call shall be paid by the party.

(k) Reopening of hearing. With good cause shown, the panel may reopen the hearing at any time before a decision is issued.

(l) Burden of proof and standard. The burden of proof shall be on the lawyer to prove the reasonableness of the fee by a preponderance of the evidence.

(a) Time frame. Whenever practical the panel or sole arbitrator must hold a hearing within 60 days after receipt of the agreement to arbitrate, signed by both parties, and the signed petition and answer, and must render its award within 20 days after the close of the hearing or the close of the final hearing if more than one hearing has been held. The award of the panel must be made by the majority of the panel or by the sole arbitrator.

(b) Delivery to Bar office. The award must be in writing and signed by the members of the panel concurring or by the sole arbitrator. The award must include a determination of all questions submitted to the panel or sole arbitrator which are necessary to resolve the dispute. The panel chair or sole arbitrator must forward the original award to the Bar office.

(c) Form. The award must contain a description of the dispute, the findings, the award, an a preliminary statement that a hearing was held upon notice pursuant to a written agreement to arbitrate, and that the parties were given an opportunity to testify and cross-examine.

(d) Service on parties. The Bar will mail or email the award to the petitioner and the respondent.

(e) Client award – judicial confirmation. If the award favors the client, and the lawyer fails to comply with the award within 20 days after the date on which a copy of the award is mailed to the lawyer, the client may seek a confirmation of the award in accordance with the Utah Uniform Arbitration Act but without further assistance by the Bar.

(f) Lawyer award – judicial confirmation. If the award favors the lawyer, and the client fails to comply with the award within 20 days after the date upon which a copy of the award is mailed to the client by the Bar office, the lawyer may exercise his or her rights under the Utah Uniform Arbitration Act, which provides for the judicial confirmation of arbitration awards but without further assistance by the Bar.

(g) Modification of award by arbitrators.

(g)(1) Upon motion of any party to the arbitrators or upon order of the court pursuant to a motion, the arbitrators may modify the award if:

(g)(1)(A) there was an evident miscalculation of figures or description of a person or property referred to in the award;

(g)(1)(B) the award is imperfect as to form; or (g)(1)(C) necessary to clarify any part of the award.

(g)(2) A motion to the arbitrators for modification of an award must be made within 20 days after service of the award upon the moving party. Written notice that a motion has been made must be promptly served personally or by certified mail upon all other parties to the proceeding. The notice of motion for modification must contain a statement that objections to the motion be served upon the moving party within ten days after receipt of the notice.

(a) If the award determines that the lawyer is not entitled to any portion of the disputed fee, service of a copy of such award on the lawyer:

(a)(1) terminates all claims and interests of the lawyer against the client with respect to the subject matter of the arbitration;

(a)(2) terminates all right of the lawyer to retain possession of any documents, records or other properties of the client pertaining to the subject matter of the arbitration then held under claim of the lawyer's lien or for other reasons; and

(a)(3) terminates all right of the lawyer to oppose the substitution of one or more other lawyers designated by the client in any pending litigation pertaining to the subject matter of the arbitration.

(b) If the award determines that the lawyer is entitled to some portion of his or her fee, the award must state the amount to which he or she is entitled and payment of this amount shall:

(b)(1) constitute a complete accord and satisfaction of all claims of the lawyer against the client with respect to the subject matter of the arbitration;

(b)(2) terminate all right of the lawyer to retain possession of any documents, records or other properties of the client pertaining to the subject matter of the arbitration then held under claim of lawyer's lien or for other reasons; and

(b)(3) terminate all right of the lawyer to oppose the substitution of one or more other lawyers designated by the client in place of the lawyer in any pending litigation pertaining to the subject matter of the arbitration.

(c) Confidentiality. All documents, records, files, proceedings and hearings pertaining to the arbitration of a fee dispute under these rules shall not be open to the public or to a person not involved in the dispute.

(d) If both parties have signed a binding agreement to arbitrate any award rendered in such case may be enforced by any court of competent jurisdiction in the manner provided in the Utah Uniform Arbitration Act without further assistance by the Bar.

(e) Claims of malpractice. A decision rendered by the panel regarding a disputed fee generated by the lawyer/client relationship must not bar any claim the client may have against the lawyer for malpractice by the lawyer in the course of the lawyer/client relationship.

There shall be no communication between the parties and the members of the panel upon the subject matter of the arbitration other than the necessary notices and arbitration proceedings. Any other oral or written communication from the parties to the members of the panel, or from the members of the panel to the parties, shall be directed to the Bar office for transmittal.

If the person responsible for the payment of legal fees wants to participate in fee arbitration but is not the former client who received or was intended to receive legal services, the former client must join in the request to arbitrate. If the former client is unavailable due to incarceration or other exigent circumstances, the person responsible for payment of the legal services shall obtain a special power of attorney for purposes of participating in the fee arbitration proceeding.

(a) Exemption from future testimony. No Fee Dispute Resolution Committee member participating in a fee disputearbitration or mediation may be called as a witness in any subsequent legal proceeding related to the fee dispute.

(b) Confidentiality of records and information. Records and information submitted in a fee dispute proceeding shall be deemed confidential and may not be disclosed other than to enforce a written decision or as provided in paragraph (c).

(c) Disclosure of confidential information. Confidential information in the Utah State Bar's possession may be disclosed to law enforcement to the extent disclosure is necessary to prevent reasonably certain death or substantial bodily harm. Confidential information in the Utah State Bar’s possession may also be disclosed if the request is made to the Bar by:

(1) an agency authorized to investigate the qualifications of persons for admission to practice law;

(2) an agency authorized to investigate the qualifications of persons for government employment;

(3) a lawyer discipline enforcement agency; or

(4) an agency authorized to investigate the qualifications of judicial candidates.

(a) Request and agreement to mediate. A fee dispute mediation shall be initiated by either the client or lawyer filing with the Committee a request and agreement for mediation of fee dispute on a form provided by the Committee.

(b) Answer. The Committee shall forward to the respondent the request and agreement for mediation of fee dispute, and request that the respondent sign and return the request and agreement within ten days.

(c) Fee. After both parties have agreed to mediation of the fee dispute, the petitioner shall pay a $10 fee. Unless the fee is paid, the mediation will not go forward.

(a) Appointment of mediator. When the Committee has received the request and agreement to mediate fee dispute signed by all of the parties, together with the $10 fee, the chair or his designee shall appoint a mediator from the Committee’s list of trained fee dispute mediators. The mediator shall schedule the mediation session(s) with the parties.

(b) Mediator to be impartial. The mediator shall be impartial. Before accepting a mediation, the mediator shall make a reasonable inquiry to determine whether there are any known facts or potential conflicts of interest that a reasonable person would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party, and disclose such fact and potential conflicts to the parties to the Committee. Upon notification of a conflict, the Committee shall appoint a replacement mediator from the list of approved mediators.

(a) Any fee dispute may be mediated. Any fee dispute arising out of a lawyer/client relationship, regardless of the amount of the fee in dispute, may be mediated by the Committee upon the agreement of the parties to the fee dispute.

(b) Claims of malpractice. An agreement by the parties negotiated during a fee dispute mediation regarding a disputed fee generated by the lawyer/client relationship shall not bar any claim the client may have against the lawyer for malpractice by the lawyer in the course of the lawyer/client relationship.

Mediation of fee disputes is voluntary, and the parties may withdraw from the mediation process at any time for any reason.

(a) Scheduling the mediation. The designated mediator shall set the time and place for the mediation and shall cause written notice of the mediation to be served personally or by mail or email on all parties to the mediation.

(b) Right to be represented by counsel. In the notice of the mediation, the mediator shall inform the parties of their right to be represented by their own legal counsel at their own cost at any stage of the mediation process. Failure to be represented by legal counsel at any stage of the mediation is a waiver of this right at that stage of the mediation, although a party may use legal counsel later in the mediation process.

(c) Right to be assisted at mediation.A party may designate an individual to accompany that party to the mediation and to participate with the party in the mediation process.

(d) Procedure. The mediator may use joint or private caucuses during the mediation process. The process may be adjourned from time to time in the discretion of the mediator or at the request of the parties.

All mediation communications are confidential. Other than the parties, their respective legal counsel, the individual designated by a party to accompany and assist that party at the mediation, and the mediator, no other persons shall be allowed to attend or participate in the mediation session without the written consent of all parties and the mediator. All documents, records, files, proceedings and mediation sessions shall not be open to the public.

There shall be no ex parte communication between the parties and the mediator upon the subject matter of the mediation other than necessary communications for scheduling purposes and the mediation proceedings themselves. Any other oral or written communication from the parties to the mediator, or from the mediator to the parties, shall be directed to the Committee for transmittal to the mediator.

A mediator in a fee dispute mediation may not be compelled to disclose mediation communications, and such communications are not subject to discovery or admissible in evidence in a proceeding except as provided by Title 78B, Chapter 10, Utah Uniform Mediation Act, as amended from time to time, and except as provided in Rule 14-1111, above.

Upon the successful conclusion of a fee dispute mediation, the parties to the mediation shall each sign a written memorandum of their agreement reached during the mediation process.