Category: -Rules of Professional Practice

Rules Governing the Utah State Bar and Rules of Professional Practice – Effective May 1, 2024

Move the Mandatory Continuing Legal Education Rules from Chapter 14, Article 4 to Chapter 11 in a new Article 6; to repeal Chapter 14, Article 4; to then renumber rules referenced in the new Article 6;  Moving the article from the chapter entitled “Rules Governing the Utah State Bar, to the chapter entitled “General Provisions will help to distinguish the responsibility of the Court from the activities of the Bar.

Article 6; Clarify Board governance and make duties more transparent; The new rule includes “the Director” in the definitions, with a description that will help to clarify that the Director is appointed by the Court and supervised by the Board.

Expanding the definition of accredited “Professionalism and Civility CLE” to include instruction on Well-being and law practice management; incorporating the term “substance use disorder” and “instruction on equal access to justice, fairness, and respect for others.”

Increasing the time from six months to twelve months that lawyers and paralegal practitioners may remain on inactive status before changing to active status without complying with the annual CLE requirements.

Technical amendments clarifying that the total number of Board members is ten, excluding any additional emeritus members; and formalizing that a quorum for taking action is six.

Chapter 14 Article 4

USB14-0401. Purpose. Amend.

USB14-0402. Definitions. Amend

USB14-0403. Establishment and membership of Board. Amend

USB14-0404. Active status lawyers MCLE, NLTP, admission on motion, multi-state compliance reciprocity, house counsel and UBE requirements; MCLE requirements for Paralegal Practitioners. Amend.

USB14-0405. MCL requirements for lawyers and paralegal practitioners on inactive status. Amend.

USB14-0406. MCL requirements for lawyers on active military duty and lawyers who are spouses of active military members stationed in Utah. Amend.

USB14-0407. MCL requirements for lawyers on active emeritus status. Amend.

USB14-0408. Credit hour defined; application for approval. Amend.

USB14-0409. Categories of Elective CLE defined. Amend.

USB14-0410. Accreditation of MCLE; undue hardship and special Accreditation. Amend.

USB14-0411. Board Accreditation of CLE. Amend.

USB14-0412. Presumptively approved CLE providers; presumptive CLE Accreditation. Amend.

USB14-0413. CEL Accreditation for qualified audio and video presentations, webcasts, computer interactive programs, writing, lecturing, teaching, public service, and verified attendance. Amend.

USB14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; retirement. Amend.

USB14-0415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals. Amend.

USB14-0416. Lawyers on active status not practicing law in Utah; Paralegal Practitioners on active status outside of Utah; Lawyers or paralegal practitioners on active status engaged in full-time volunteer work in remote locations. Amend.

USB14-0417. Miscellaneous fees and expenses. Amend.

USB14-0418. Remote group CLE. Amend.

USB14-0419. CLE credit for Pro Bono Legal Services. Amend.

Supreme Court Order


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Rules Governing the Utah State Bar and Rules of Professional Practice – Effective November 1, 2023

USB14-0207.  Finances. Approved. This rule amendment requires the Utah State Bar to annually submit to the Supreme Court  recommendations on increasing, decreasing, or maintaining current licensing fees.

Supreme Court Order for USB 14-207

RPP11-0107. Open and Public Meetings. Approved. This rule amendment adds the newly established Advisory Committee on the Rule of Business and Chancery Procedure to this rule as a committee that must only hold open meetings.

Supreme Court Order for RPP 11-107

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Supreme Court Rules of Professional Practice – Effective November 1, 2022

CJA11-0581. Sanctions. The amendments clarify that if a lawyer is placed on probation the status of probation is public, but the terms of their probation may be private.

CJA11-0582. Factors to be considered in imposing sanctions. The amendments to Rule 11-582: (1) requires the factfinder to consider the presumptive sanctions set forth in the rules, along with any mitigating and aggravating factors; and (2) adds a section to provide guidance when multiple instances of misconduct are found.

CJA11-0583. Imposition of sanctions. The amendment to Rule 11-583 repeals existing rule 11-583 addressing appropriate sanctions and replaces it with four new rules (rules 11-583 through 11-586) that set forth presumptive sanctions based on the nature of the duty violated.

CJA11-0584. Presumptive sanctions for violating duties owed to the public. The new rule provides presumptive sanctions to be imposed upon finding that the lawyer failed to maintain personal integrity, generally, by committing a criminal act. Additionally, this new rule provides presumptive sanctions for violations of Rule 3.8, Special responsibilities of a prosecutor.

CJA11-0585. Presumptive sanctions for violating duties owed to the legal system. The new rule provides presumptive sanctions to be imposed upon finding that the lawyer has engaged in conduct prejudicial to the administration of justice. This rule relates to deceit, fraud, misrepresentation, improper communication with individuals in the legal system, and abuse of the legal process.

CJA11-0586. Presumptive sanctions for violating duties owed as a member of the legal profession. The new rule provides presumptive sanctions to be imposed upon finding that the lawyer has engaged in conduct involving misleading communications about a lawyer or a lawyer’s services, unreasonable or improper fees, unauthorized practice of law, failure to report professional misconduct, and failure to respond to a lawful request from disciplinary authority.

Supreme Court Order for Rules 11-581 and 11-582

Supreme Court Order for Rule 11-583

Supreme Court Order for Rules 11-584, 11-585, and 11-586

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Supreme Court Rules of Professional Practice – Effective December 31, 2021

CJA11-0510. Ethics and Discipline Committee composition. Amend. The proposed changes would allow the Ethics and Discipline Committee to recruit up to eight public members and up to 25 lawyer members, with the minimum required numbers of members remaining at four and 21, respectively. The purpose of the amendment is to ensure that the Committee has a sufficient number of individual members to attend screening panel hearings of disciplinary matters. The proposed changes also allow the Committee to have three to four Committee vice chairs, rather than always requiring four vice chairs.

CJA11-0511. Screening panel composition; responsibilities. Amend. The first proposed change reflects the allowed increase in the overall size of the Ethics and Discipline Committee’s four screening panels but retains the requirement that a maximum of one public member and four lawyer members will attend screening panel hearings. The second proposed change provides that screening panel hearings must have five screening panel members, including the panel chair or vice chair and one public member. Consent by the parties to a lower number of screening panel members is no longer allowed. The final proposed change allows the screening panel chair
to vote on panel determinations.

CJA11-0513. Committee clerk. Amend. The proposed change applies the immunity provisions of Rule 11-540 to the Committee clerk. The immunity provisions previously were not expressly applicable to the clerk.

CJA11-0591. Reinstatement following a suspension of more than six months; relicensure. Correction. The proposed change clarifies that, unlike a petition for relicensure, a petition for reinstatement need not be accompanied by a report and recommendation from the Bar’s Character and Fitness Committee.

Supreme Court Order

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Utah Supreme Court Rules of Professional Practice: Office of Professional Conduct, Rules Governing the Utah State Bar, and Rules Governing Licensed Paralegal Practitioners – Effective December 15, 2020

The final rule changes reflect the recommended reforms to lawyer discipline and disability proceedings and sanctions contained in the American Bar Association/Office of Professional Conduct Committee’s Summary of Recommendations (October 2018).
Adoption of Chapter 11 article 5 rules:
General provisions
CJA11-0501. Lawyer disciplinary and disability proceedings: purpose, authority, scope, and structure.
CJA11-0502. Definitions.
CJA11-0503. Oversight Committee for the Office of Professional Conduct.
CJA11-0504. Jurisdiction.
CJA11-0505. Statute of limitations.
Ethics and Discipline Committee
CJA11-0510. Ethics and Discipline Committee composition.
CJa11-0511. Screening panel composition; responsibilities.
CJA11-0512. Respondent subpoena petitions.
CJA11-0513. Committee clerk.
CJA11-0514. Disclosure, recusal, and disqualification.
Office of Professional Conduct composition and responsibilities
CJA11-0520. Chief Disciplinary Counsel and OPC counsel.
CJA11-0521. OPC prosecutorial powers and duties.
CJA11-0522. Ethics advisory opinions.
CJA11-0523. OPC investigative subpoenas.
CJA11-0524. Retaining records.
Prosecution and appeals
CJA11-0530. Unprofessional conduct Complaints.
CJA11-0531. Proceedings before Committee and screening panels.
CJA11-0532. Exceptions to screening panel determinations and recommendations.
CJA11-0533. General procedures.
CJA11-0534. Final Committee disposition.
CJA11-0535. Appealing a final Committee determination to the Supreme Court.
CJA11-0536. Actions in district court.
CJA11-0537. Failure to answer charges.
CJA11-0538. Appointment of trustee to protect clients’ interest when Lawyer disappears, dies, is suspended or delicensed, or is transferred to disability status.
CJA11-0539. Costs.
CJA11-0540. Immunity from civil suits.
CJA11-0541. Service.
CJA11-0542. Additional rules of procedure.
CJA11-0550. Diversion referrals, authority, and responsibilities.
CJA11-0551. Circumstances warranting diversion.
CJA11-0552. Diversion contract.
CJA11-0553. Respondent’s participation in diversion.
CJA11-0554. Terminating diversion.
CJA11-0555. Diversion Costs.
CJA11-0560. Grounds for discipline.
CJA11-0561. Accessing disciplinary information.
CJA11-0562. Disseminating disciplinary information.
CJA11-0563. Interim discipline for threat of harm.
CJA11-0564. Finding of guilt or entry of a plea to a crime.
CJA11-0565. Discipline by consent.
CJA11-0566. Resignation with discipline pending.
CJA11-0567. Reciprocal discipline.
CJA11-0568. Proceedings in which Lawyer is declared to be incompetent or alleged to be incapacitated.
CJA11-0569. Noncompliance with child support order, child visitation order, subpoena or order relating to paternity, or child support proceeding.
CJA11-0570. Notice of disability or suspension; return of clients’ property; refund of unearned fees.
CJA11-0580. Purpose and nature of sanctions.
CJA11-0581. Sanctions.
CJA11-0582. Factors to be considered in imposing sanctions.
CJA11-0583. Imposition of Sanctions.
CJA11-0584. Reserved.
CJA11-0585. Reserved.
CJA11-0586. Reserved.
CJA11-0587. Prior discipline orders.
CJA11-0588. Aggravation and mitigation. 

CJA11-0590. Reinstatement following a suspension of no more than six months or probation.
CJA11-0591. Reinstatement following a suspension of more than six months; relicensure.
Repeal of Chapter 14 articles 5 and 6
Repeal of Chapter 15 articles 5 and 6
Repeal of Rule 11-501
Amending rules:
USB14-0102 . Regulating the practice of law.
USB14-0103. Bar organization and management.
USB14-0105. Proposing rules to regulate licensed lawyers,
licensed paralegal practitioners, and judicial officers.
USB14-0107. Duties of lawyers, foreign legal consultants,
and licensed paralegal practitioners.
USB14-0111. Practicing without a license prohibited.
USB14-0202. Bar’s purposes.
USB14-0207. Finances.
USB14-0208. Special rules and regulations.
USB14-0801. Definitions.
USB14-0904. Funding.
USB14-0912. Processing claims.
URGLPP15-0402. Definitions.
URGLPP15-0701. Definitions.
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