Author: Utah Courts

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Rules of Professional Conduct (LPP Amendments) – Effective May 1, 2019

Following the recent enactment of rules authorizing licensed paralegal practitioners, the Rules of Professional Conduct have been amended to address interactions between lawyers and licensed legal practitioners. “Legal professional” is now the umbrella term for lawyers and licensed paralegal practitioners.

RPC01.00. Terminology.

RPC01.07. Conflict of Interest: Current Clients.

RPC01.10. Imputation of Conflicts of Interest: General Rule.

RPC01.11. Special Conflicts of Interest for Former and Current Government Employees.

RPC01.12. Former Judge, Arbitrator, Mediator or Other Third-Party Neutral.

RPC01.18. Duties to Prospective Client.

RPC02.04. Lawyer Serving as Third-Party Neutral.

RPC03.03. Candor toward the Tribunal.

RPC03.05. Impartiality and Decorum of the Tribunal.

RPC04.02. Communication with Persons Represented by Counsel.

RPC05.01. Responsibilities of Partners, Managers, and Supervisory Lawyers.

RPC08.03. Reporting Professional Misconduct.

Supreme Court Order

 

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Rules Governing the State Bar, Rules Governing Licensed Paralegal Practitioners, and Licensed Paralegal Practitioners Rules of Professional Conduct – Effective May 1, 2019

Rules Governing the State Bar

USB14-0802. Authorization to practice law. The amendments to Rule 14-802 clarify that the forms an LPP may use are forms approved by the Judicial Council.

Rules Governing Licensed Paralegal Practitioners

URGLPP15-0510. Prosecution and appeals. The amendment to Rule 15-510 changes a cross reference to Standing Order No.7 to a cross reference to Rule 14-303.

Licensed Paralegal Practitioners Rules of Professional Conduct

LPP1.013. Organization as a client. Rule 1.13 is repealed because it governs when an LPP represents an organization as a client and an LPP may not represent an organization as a client.

LPP5.04. Professional independence of a licensed paralegal practitioner.

LPP6.01. Voluntary pro bono legal service.

The amendments to Rules 5.4 and 6.1 remove language that refers to an LPP representing an organization as a client. An LPP may not represent an organization as a client.

Supreme Court Order for USB14-0802

Supreme Court Order for URGLPP15-0510

Supreme Court Order for LPP’s 1.013, 5.04, and 6.01

 

 

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Rules Governing the Utah State Bar in the Supreme Court Rules of Professional Practice – Effective May 1, 2019

USB14-0106. Authority to engage in legislative activities.

The Fund for Client Protection rules were changed to add Licensed Paralegal Practitioners.

USB14-0901. Fund for client protection.

USB14-0902. Purpose and scope; establishment of Fund.

USB14-0904. Funding.

USB14-0907. Duties and responsibilities for the committee.

USB14-0908. Conflict of interest.

USB14-0910. Eligible claim.

USB14-0911. Procedures and form; responsibilities of claimants to complete form.

USB14-0912. Processing claims.

USB14-0913. Payment of reimbursement.

USB14-0915. Restitution and subrogation.

USB14-0916. Confidentiality.

Supreme Court Order for USB14-0106

Supreme Court Order

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Code of Judicial Administration – Effective May 1, 2019

CJA01-0205. Standing and Ad Hoc Committee. AMEND – adds Court Security Director as a member of the Court Facility Planning Committee.

CJA02-0208. Publication and Distribution. AMEND – remove requirement that AOC and TCEs “maintain a copy of the CJA and make it available for inspection during business hours.”

CJA03-0103. Administrative Role of Judges. AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.

CJA03-0104. Presiding Judges. AMEND – clarifies responsibilities of presiding judges to coordinate with presiding justice court judges regarding magistrate rotation.

CJA03-0106. Legislative Activities. AMEND – clarify options available to judicial council in response to legislative activities.

CJA03-0107. Executive Branch Policy Initiatives. AMEND – clarify options available to judicial council in response to executive initiatives.

CJA03-0111. Performance Evaluation of Senior Judges and Court Commissioners. AMEND – assigns responsibilities to justice court presiding judges, to conform with district court counterparts.

CJA03-0413. Judicial library resources. AMEND – revises rule to conform with current practice and removes outdated provisions that no longer conform to current practice.

CJA03-0501. Insurance Benefits Upon Retirement. AMEND – adds “parental leave” to the “sick day” calculation for purposes of determining post-retirement insurance benefits.

CJA04-0202.09. Miscellaneous. AMEND – removes the requirement for a party to label a filing as private, protected, controlled, juvenile social / juvenile legal, or safeguarded.

CJA04-0403. Electronic signature and signature stamp use. AMEND – authorizes use of judge signature stamp on writs of habeas corpus ad prosequendum / testificandum for transport of federal prisoners.  Authorizes use of judge signature stamp on forthcoming / proposed Rule 109 (Domestic Relations Injunctions) orders.

CJA04-0405. Juror and Witness Fees and Expenses. AMEND – makes various revisions to align rule with current business practices at court and state level.

CJA04-0508. Guidelines for Ruling on a Motion to Waive Fees. AMEND – removes default requirement to provide documentation supporting affidavit of impecuniousity, authorizing judge to specifically request that such documentation be provided on a case by case basis.

Judicial Council Order

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Rule Establishing Oversight Committee for the Office of Professional Conduct – Effective March 4, 2019

The Utah Supreme Court has adopted the following rule on an expedited basis as of March 4, 2019.
CJA11-0501. Oversight Committee for the Office of Professional Conduct. New. Establishes a Supreme Court oversight committee for the Office of Professional Conduct (OPC). Includes membership, committee member terms, meeting schedule, and committee purposes and responsibilities.
Chapter 11, Article 3
The Utah Supreme Court has also renamed Chapter 11, Article 3 as follows:
Article 3 was formerly called “Professional Conduct.”
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Rules Governing the State Bar – Effective May 1, 2019

USB14-0804. Certification for military legal assistance lawyers. Amend. Updates the standards for military lawyers who are allowed by military and federal law to assist certain persons who can receive military legal assistance.

USB14-0805. Admission for spouse of active military stationed in Utah. New. Allows spouses of servicemen and women who are stationed in Utah to serve as practicing lawyers under certain conditions.

Conforming and technical amendments:

USB14-0701. Definitions.  

USB14-0705. Admission by motion. 

USB14-0712. Qualifications for admission based on UBE.

Supreme Court Order for USB14-0804 and USB14-0805

Supreme Court Order for USB14-0701, USB14-0705, and USB14-0712

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Rules of Civil Procedure – New Effective Date of November 1, 2019

The Utah Supreme Court has adopted a new effective date of November 1, 2019 for the following rule. The rule was formerly effective May 1, 2019. The November date will accommodate programming changes necessary to effectuate the rule’s purposes.

URCP109. Injunction in certain domestic relations cases. New. Provides that in certain domestic relations cases, an injunction will enter upon the filing of the case. Its provisions address areas such as disposing of property, disturbing the peace of the other party, committing domestic violence, using the other party’s identification to obtain credit, interfering with telephone or utility service, modifying insurance, and behavior around the minor children. The injunction is binding on the petitioner upon filing the initial petition and on the respondent after the filing of the initial petition and upon receipt of a signed copy of the injunction as entered by the court.

Supreme Court Order

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