Category: -Rules Governing the State Bar

Continue Reading
Continue Reading

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.

Continue Reading
Continue Reading

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.

Continue Reading
Continue Reading

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.

Continue Reading

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.

 

Continue Reading
Continue Reading

Rules Governing the Utah State Bar – Mandatory Continuing Education – Comment Period Closed December 24, 2022

The Utah Supreme Court’s Board of Mandatory Continuing Legal Education (MCLE Board) proposes amending the MCLE rules listed below. On the whole, these amendments update terminology, replacing “Live CLE” with “Verified CLE” and “Self-Study CLE” with “Elective CLE.” Rule 14-404 also clarifies some issues around the New Lawyer Training Program. And Rule 14-419 offers a new avenue for Bar licensees to obtain CLE credit: pro bono work.
Pro bono cases inherently contain an educational component because they often fall outside the licensee’s normal practice area. And there is always a large need for volunteers. As such, the Judicial Council’s Standing Committee on Resources for Self-represented Parties and the Bar’s Access to Justice Commission proposed allowing CLE credit to be given for pro bono service under the conditions identified in Rule 14-419.
The MCLE Board has, in turn, proposed a two-year pilot project to test whether the purposes for which CLE credit is given—providing education that contributes directly to a licensee’s competence, skills, professionalism, and civility—will be realized in Rule 14-419, and also whether such a rule will incentivize licensees to perform more pro bono services.

USB14-0402. Definitions. AMEND. Terminology amendments.  

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. Terminology amendments; clarifications around the New Lawyer Training Program.

USB14-0408. Credit hour defined; application for approval. AMEND. Terminology amendments.

USB14-0409. Categories of Elective CLE defined. AMEND. Terminology amendments.

USB14-0410. Accreditation of CLE; undue hardship and special Accreditation. AMEND. Terminology amendments.

USB14-0411. Board Accreditation of CLE. AMEND. Terminology amendments.

USB14-0412. Presumptively approved CLE providers; presumptive CLE Accreditation. AMEND. Terminology amendments.

USB14-0413. CLE Accreditation for qualified audio and video presentations,  webcasts, computer interactive telephonic programs, writing, lecturing, teaching, public service, and live attendance. AMEND. Terminology amendments.

USB14-0414. Certificate of compliance; filing, late, and reinstatement fees;  suspension; reinstatement. AMEND. Terminology amendments.

USB14-0418. Remote group CLE. AMEND. Terminology amendments.

USB14-0419. CLE Credit for Pro Bono Legal Services. NEWProposes a two-year pilot project that would provide CLE credit for pro bono services performed under the auspices of a Utah court, the Utah State Bar, or a sponsoring entity.

Continue Reading