Rules Governing the Utah State Bar – Comment Period Closed July 2, 2020

I would respectfully recommend that Rule 14-705(a)7 be further amended to remove the following language: “any time practicing at an office located in Utah will not be counted as time practicing in a reciprocal jurisdiction.” I would also recommend that language be added that establishes parameters by which those who have been actively engaged in the full-time practice of law on a House Counsel license for a set period of time be given the opportunity to waive in on a full license despite not having satisfied the “60 months out of the 84 months preceding the date of application” requirement.

Take my case as an example. I practiced law at a op 50 and top 15 Vault ranked law firms in Houston, Texas for 50 months before being recruited to Utah to help take a local company public. In the 5 years since, I have been actively engaged in a full-time practice of law every bit as much as I was when practicing in Houston, Texas. I have maintained good and active standing with the Texas bar on a full license and good and active standing with Utah on a House Counsel license since returning to Utah. For those like myself, it would seem like it would be in the best interest of Utah and the Utah Bar to allow individuals like me the ability to transition to a full license without having to step away from our practice to take the bar exam, especially during a time like this where access to legal services due to the COVID-19 pandemic is needed more than ever.

In reading the commentary by the deans of both BYU’s and Utah’s law schools, the rationale behind allowing newly graduated law students diploma privilege is grounded in similar logic, i.e., it is better to allow them to begin practicing now to meet the legal needs of Utah citizens without requiring them to step away from their practice of law at some future date to take the bar exam. I can tell you that from a practicing lawyer’s perspective, that is very true. In the five years since I have returned to Utah from Texas, I have been involved in two IPOs, multiple mergers and strategic acquisitions that have not allowed me to responsibly step away from the work required by those transactions for a sufficient time to reasonably prepare for a bar examination. And, given the nature of my practice, I do not anticipate that will change anytime soon.

I am but one example, but I suspect there are many others who are more than qualified to receive a full waiver into the Utah Bar who are currently practicing on a House Counsel license with the attendant restrictions. In times like we currently find ourselves in I would like nothing more than to extend my ability to assist those who are in need of legal advice outside the four walls of the company for which I presently work. In fact, I have been approached on several occasions by struggling business owners who could use my help but I have had to turn them away despite knowing full well that I am capable of providing the legal assistance they need.

I hope you will consider incorporating additional changes to Rule 14-705(a)7 to allow attorneys like myself the opportunity to be admitted to the Utah Bar on a full waiver after having engaged in the full-time practice of law for a sufficient on a House Counsel license. I would welcome the opportunity to engage in discussions with the Supreme Court and Judicial Council on this matter.

In light of the recent accommodations that have been made allowing newly graduated law students diploma privilege and receive full admission by means of supervised practice of 360 hours.