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.
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.
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.
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.
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. NEW. Proposes 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.
RULES OF PROFESSIONAL CONDUCT
RPC08.03. Reporting Professional Misconduct. Amend. Clarifies that a lawyer or judge participating in a Utah State Bar-sponsored fee dispute resolution program is not required to disclose information gained in that program to the Office of Professional Conduct.
RULES GOVERNING THE UTAH STATE BAR
USB14-0111. Exemption from future testimony and confidentiality of records and information. Amend. Clarifies when the Bar may disclose confidential information and what information it may disclose; also clarifies that a Fee Dispute Resolution Committee member who participates in a fee dispute arbitration may not be called as a witness in any subsequent legal proceeding related to the fee dispute.
USB14-0116. Conduct of the mediation. Amend. Permits the fee dispute mediator to serve notice of the mediation by email on the mediating parties.
USB14-0705. Admission by motion. Amended as of November 7, 2022, pursuant to UCJA Rule 11-105(5). The amendments restore reciprocity language to the rule.
USB14-0802. Authorization to practice law. Amend. The purpose of the proposed amendments to Rule 14-802 is to give Licensed Paralegal Practitioners (LPPs) the ability to modify the court forms that are relevant to their areas of practice. This would give LPPs some much needed flexibility to complete services for their clients while still working within the scopes of practice established by the Supreme Court. Rule 14-802 was initially drafted with the intention of both defining the scope of practice for LPPs and ensuring the availability, accuracy, and effect of that scope of practice through forms that have been vetted and approved by the Judicial Council’s Standing Committee on Court Forms. While the intent of this rule was to guide LPPs, attorneys, and the public through a new and uncharted program that authorized the limited practice of law by non-attorneys, it resulted in unanticipated results. LPPs’ effectiveness has been artificially limited, with negative results for their clients in the form of reduced cost savings and the inability to tailor pleadings to clients’ individual circumstances.
USB14-0701. Definitions. AMEND.
- In acknowledging the remote work environment created by the pandemic, amendments remove the requirement that “active practice” activities be performed in the jurisdiction in which the applicant is admitted.
- Amendments also remove teaching full-time at an approved law school as an “active practice” activity in favor of creating an exception for this type of work under Rule 14-705, which is the admission by motion rule.
USB14-0705. Admission by motion. AMEND.
- Amendments remove geographic restrictions for purposes of counting years of practice toward admission by motion requirements.
- Amendments allow time in Utah to count toward time practicing in another jurisdiction so long as the lawyer has complied with Rule 5.5 of the Utah Rules of Professional Conduct.
- Amendments reduce the amount of time a lawyer must have practiced in another jurisdiction from 60 months to 36 months.
- Amendments also exempt full-time Utah law professors from the requirement of being engaged in the active full-time practice of law for the relevant time period, so long as they have worked at least 80 hours per month as a law professor during that time.
USB14-0712. Qualifications for admission based on UBE. AMEND.
- Paragraph (c)(2) currently provides that a UBE score may be transferred up to 5 years after exam administration if the attorney applicant can prove that they have practiced for at least 2 ½ years.
- Repeal of paragraph (c)(2) would bring the rule in line with Rule 14-705 amendments by funneling such applicants through the admission by motion process rather than the UBE score transfer process.
USB14-0809. Practice Pending Admission. AMEND.
- Amendments to paragraph (c)(3) conform to Rule 14-705 amendments regarding geographic restrictions and time spent practicing.
- Amendments also expand practice eligibility:
- from one year to eighteen months after certificate issuance, and
- from one failed Bar exam attempt to two failed Bar exam attempts.
USB14-0807. Law school student and law school graduate legal assistance. AMEND.
- Amendments extend law school graduate practice eligibility:
- from one year to eighteen months after graduation, and
- from one failed Bar exam attempt to two failed Bar exam attempts.
- Amendments also fix a number of formatting issues, simplify language, and add headings for easier application.
- New paragraph (g)(3)(G) provides that if a 14-807 practitioner substantially aids in the preparation of written materials in an appellate case, including briefs and memoranda, the supervising attorney may, at the attorney’s discretion, credit the 14-807 practitioner by including the practitioner’s name on the filing below the supervising attorney’s name.
USB14-0113. Paralegal Division. Amend. In the context of the Paralegal Division, rule amendments are intended to capture the interplay between Licensed Paralegal Practitioners (LPP’s) and non-Bar-licensed paralegals. The amendments may be summarized as follows:
- A paralegal may also include an LPP as defined in Rule 14-101;
- The certification requirements are waived for LPP’s joining the paralegal division;
- The term “bar licensee” refers to both a lawyer and an LPP; and
- An LPP may be a sponsor of a paralegal affiliate in the paralegal division.