Posted: November 4, 2024
Rules Governing the Utah State Bar – Admissions – Comment Period Closes December 19, 2024
USB14-701. Definitions. Amend.
• General cleanup for clarity and consistency.
• Adds that pro bono work under 14-803 is “Active Practice”.
• Adds definition for “Alternate Path”.
• Adds definition for “Alternate Path Examination”.
• Updates language referring to delicensed attorneys.
• Adds definition for “Experiential Learning”.
• Adds definition for “Final semester”.
• Modifies definition for Formerly-Admitted Applicant.
• Adds definition for “Professional Responsibility”.
• Changes definition of an “Unapproved Law School”.
USB14-702. Board – general powers. Amend.
• General cleanup for clarity and consistency.
USB14-703. Qualifications for admission of Student Applicants. Amend.
• General cleanup for clarity and consistency.
• Changes language to account for the Alternate Path as a means to admission.
USB14-703A. Alternate Path. Requirements. New.
• Outlines requirements for the proposed Alternate Path method of admission to the Bar.
USB14-704. Qualifications for admission of Attorney Applicants. Amend.
• General cleanup for clarity and consistency.
• Changes active practice of law requirement for applicants from Unapproved law schools.
• Changes the active practice of law requirement for applicants from foreign law schools.
USB14-705. Admission by motion. Amend.
• General cleanup for clarity and consistency.
USB14-706. Test accommodations. Amend.
• General cleanup for clarity and consistency.
USB14-707. Application; deadlines; withdrawals; postponements and fees. Amend.
• General cleanup for clarity and consistency.
• Modifies the background investigation requirements to allow Admissions Committee to prescribe method of investigations.
• Removes late filing deadlines for examinees.
• Gives Deputy General Counsel or the Character and Fitness Committee authority to keep an application open for more than one year.
USB14-708. Character and fitness. Amend.
• General cleanup for clarity and consistency.
• Adds language to reflect the position of financial obligations in the review of an applicant’s character and fitness.
USB14-709. Application denial. Amend.
• General cleanup for clarity and consistency.
USB14-711. Grading and passing the Bar Examination. Amend.
• General cleanup for clarity and consistency.
• Adds language about appeal process specifically for paragraph (f).
USB14-712. Qualifications for admission based on UBE. Amend.
• General cleanup for clarity and consistency
USB14-714. Unsuccessful Applicants disclosure and right of inspection. Amend.
• General cleanup for clarity and consistency.
USB14-715. Requests for Review. Amend.
• General cleanup for clarity and consistency.
USB14-716. License fees; enrollment fees; oath and admission. Amend.
• General cleanup for clarity and consistency.
• Updates information to match the current relationship of admissions to the Utah Supreme Court and the District Court for the District of Utah.
USB14-717. Readmission of Utah attorneys after resignation with discipline, administrative suspension for three or more years, resignation with discipline, or delicensure. Amend.
• Updated title of rule for consistency.
• General cleanup for clarity and consistency.
• Changes requirement that a Formerly-Admitted Attorney applying under Rule 14-704 does not need to retake the bar examination but must complete the New Lawyer Training Program.
USB14-718. Licensing of Foreign Legal Consultants. Amend.
• General cleanup for clarity and consistency.
USB14-719. Qualifications for admission of House Counsel Applicants. Amend.
• General cleanup for clarity and consistency.
• Adds language indicating that House Counsel can not use lack of notice from the Bar as a defense to continuing to practice as House Counsel after authorization has ceased based on a triggering event.
USB14-720. Confidentiality. Amend.
• Removes language allowing Bar to disclose names of Applicants.
• General cleanup for clarity and consistency.
USB14-721. Admission of Deferred Action for Childhood Arrivals recipients. Amend.
• General cleanup for clarity and consistency.
This entry was posted in -Rules Governing the State Bar, CJA014-0701, CJA014-0704, CJA014-0705, CJA014-0719, Uncategorized, USB14-0702, USB14-0703, USB14-0703A, USB14-0706, USB14-0707, USB14-0708, USB14-0709, USB14-0711, USB14-0712, USB14-0714, USB14-0715, USB14-0716, USB14-0717, USB14-0718, USB14-0720, USB14-0801.
There is no legitimate reason for allowing people who are unable to pass the bar exam to become an attorney via an “alternate path.”
Practicing law is a cognitively demanding occupation. If a person does not have the ability to pass the bar exam, then that person does not have the cognitive capacity to be an attorney.
First time test takers in Utah have an 83% pass rate. This is the sixth highest pass rate in the nation. It is clear from this statistic that Utah’s bar exam does not set an unreasonably high standard for bar admission.
Eliminating the bar examination requirement will simply increase the number of incompetent attorneys practicing in the state. If Utah moves forward with this misguided program, attorneys should be required to disclose whether they were admitted to the bar under this “alternate path” so that potential clients can evaluate their credentials.
Evidence is required for most areas of permitted supervised practice pursuant to Utah Code of Judicial Administration 14-807, however, under the current proposal it is possible for a student to skip taking evidence. Perhaps evidence should be a required course for the alternative pathway due to the importance of the concepts in all areas of the legal field.
USB14-703A. Alternate Path. Requirements. New. – I am highly in favor of creating an alternative path for attorneys to become qualified in Utah, and I think the proposed rule creates an effective way of ensuring that Utah bar applicants are truly qualified rather than subjecting them to the arbitrary and ineffective bar exam. I think the Alternate Path includes the right mix of core classes and practical experience. Law students will be able to focus on classes important to their chosen area of interest rather than trying to tailor their law school career to the bar exam. Law students–and their employers–will also save significant time and money. Instead of paying thousands of dollars to bar prep companies and spending two solid months studying for the bar after graduation, new lawyers will be ready to join the workforce (under supervision) almost as soon as they graduate. I think this plan for an Alternate Path is long overdue, and it will put Utah at the forefront of a much needed change int he legal profession. If it passes, I am looking forward to becoming Qualified Supervising Attorney. Thank you to the committee for working tirelessly on this effort over the past two years!