-Rules Governing the State Bar – Utah Court Rules

Posted: November 4, 2024

Rules Governing the Utah State Bar – Admissions – Comment Period Closed 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.

Posted: October 25, 2024

Rules Governing the Utah State Bar – Comment Period Closed December 9, 2024

USB14-806. Admission pro hac vice. AMEND. The proposed amendment for pro hac vice admission would remove the requirement that a Utah Bar member be a Utah resident and have a law office in Utah. Feedback from those with experience using this rule, and multijurisdictional practice is highly encouraged.

Posted: August 22, 2024

Supreme Court Rules of Professional Practice – Comment Period Closed October 6, 2024

USB14-0810. New. This rule was published for public comment on May 28, 2024 as Rule 11-706. The Supreme Court has decided to place this rule in Chapter 14 instead of Chapter 11. The Supreme Court is republishing this rule for public comment because of edits made after the previous public comment period.

Posted: June 14, 2024

Notice of Proposed MCLE Rule Amendments – Comment Period Closed July 29, 2024

MCLE Rule Amendments. Several housekeeping changes, including correctly identifying “paralegal practitioners” as “licensed paralegal practitioners”; resolving questions posed by the Court during the last revision of MCLE rules; simplifying appeals; and formalizing the process for readmission of lawyers following administrative suspension for three or more years for failing to comply with MCLE rules and the process for relicensure of licensed paralegal practitioners following administrative suspension for three or more years for failing to comply with MCLE rules.

Posted: February 7, 2024

Rules Governing the Utah State Bar – Comment Period Closed March 23, 2024

USB14-0104. Admission to practice law; qualifications, enrollment, oath, and fees. AMEND. This rule amendment clarifies that the Supreme Court may set the fee for a Certificate of Good Standing. This rule amendment also provides revisions necessary to comply with the Supreme Court’s Style Guide.

Posted: December 15, 2023

Rule Governing the Utah State Bar – Comment Period Closed January 29, 2024

MCLE Rule Amendments

Utah Supreme Court Board of Continuing Legal Education

Proposals to move 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 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 clarify the common misunderstanding of who is responsible for the requirements of legal education. The change will be a good step to help lawyers distinguish the responsibility of the Court from the activities of the Bar.

Article 6; to clarify Board governance and make duties more transparent; The current rule does not include “the Director” in the definitions. Including the description will help to clarify that the Director is appointed by the Court and is supervised by the Board.

Finalize instruction included in professionalism and civility; and confirm the requirements for Well-being CLE.

Expanding the definition of accredited “Professionalism and civility CLE” to include instruction on Well-being, teaching time and law practice management; incorporating the term “substance use disorder” and permitting learning about diversity, equity and inclusion.

Increasing the time period from six months to twelve months that lawyers and paralegal practitioners may remain on inactive status without complying the annual CLE requirements to ensure that they are completing the hours of required CLE.

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

Posted: June 29, 2023

Rules Governing the Utah State Bar – Comment Period Closed August 13, 2023

USB14-0403. Establishment and membership of Board. Amend. This amendment reduces the size of the MCLE Board from 15 to 10 voting members. This amendment also adjusts the term lengths of new appointments to the Board.

Posted: May 5, 2023

Rules Governing the Utah State Bar and Rules of Professional Practice – Comment Period Closed June 19, 2023

USB14-0711. Grading and Passing the Bar Examination. AMEND. This proposed rule amendment lowers the passing bar examination score from 270 to 260.

USB14-0712. Qualification for Admission Based on UBE. AMEND. This proposed rule amendment lowers the acceptable transferred Universal Bar Exam score from 270 to 260.

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

RPP11-0107. Open and Public Meetings. AMEND. 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.

Posted: January 23, 2023

Rules Governing the Utah State Bar – Comment Period Closed March 9, 2023

USB14-0802. Authorization to practice law. Amend. The amendments to Rule 14-802(c)(1)(H), which were expedited under UCJA Rule 11-105(5), establish that Licensed Paralegal Practitioners (LPPs) may negotiate on their client’s behalf for purposes of settlement. While these amendments are intended to be broadly applicable to all of the LPP practice areas, the immediate result is that LPPs will be able to serve unrepresented litigants on the courts’ pro se calendars.

Posted: December 12, 2022

Rules Governing the Utah State Bar – Comment Period Closed January 26, 2023

USB14-0701. Definitions. Amended as of December 9, 2022, pursuant to UCJA Rule 11-105(5). The amendments add as a defined term “UBE Transfer Applicant.”

USB14-0809. Practice Pending Admission. Amended as of December 9, 2022, pursuant to UCJA Rule 11-105(5).The amendments add UBE Transfer Applicants to the list of applicants that may practice while their admissions application is pending.