Category: USB14-0408

Posted: December 15, 2023

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

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: November 9, 2022

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. 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.

Posted: November 2, 2020

Rules Governing the Utah State Bar – Comment Period Closes December 17, 2020

The Supreme Court Board of Mandatory Continuing Legal Education is proposing changes to the MCLE Rules that govern licensed attorneys. For more information, please see the attached letter from David Hirschi, Chair MCLE Board.

David Hirschi MCLE Letter

Posted: July 30, 2015

Mandatory Continuing Legal Education Rules

The following proposals address changes to the MCLE rules. The most substantive proposed change allows lawyers to receive up to six hours of live continuing legal education credit for attending live, interactive webcasts that are broadcast from a Utah state courthouse to a Utah state courthouse or from the Law and Justice Center to a Utah state courthouse. The proposals also address the requirements for active Bar members living outside of Utah and practicing in other jurisdictions. The majority of the changes correct grammar and inconsistencies with other Bar rules, as well as provide clarification.
USB 14-0401. Purpose. Amend.
USB 14-0402. Definitions. Amend.
USB 14-0403. Establishment and Membership of Board. Amend.
USB 14-0404. Active status lawyers: MCLE, NLCLE and admission on motion requirements. Amend.
USB 14-0405. MCLE requirements for lawyers on inactive status. Amend.
USB 14-0406. MCLE requirements for lawyers on active military duty. Amend.
USB 14-0407. MCLE requirements for lawyers on active emeritus status. Amend.
USB 14-0408. Credit hour defined; application for approval. Amend.
USB 14-0409. Self-study categories of accredited MCLE defined. Amend.
USB 14-0410. Accreditation of MCLE; undue hardship and special accreditation. Amend.
USB 14-0411. Board accreditation of non-approved sponsor courses. Amend.
USB 14-0412. Presumptively approved sponsors; presumptive MCLE accreditation. Amend.
USB 14-0413. MCLE credit for qualified audio and video presentations; computer interactive telephonic programs; writing; lecturing; teaching; live attendance. Amend.
USB 14-0414. Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement. Amend.
USB 14-0415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals. Amend.
USB 14-0416. Lawyers on active status not practicing law; certificate of exemption. Amend.
USB 14-0417. Miscellaneous fees and expenses. Amend.