Category: USB14-0705

Posted: November 8, 2022

Rules Governing the Utah State Bar – Comment Period Closed December 23, 2022

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.

Since the August 1, 2022 amendments, the Utah State Bar’s Office of Admissions has fielded several inquiries about whether an attorney who is primarily licensed and practicing in a non-reciprocal jurisdiction would now be eligible for admission by motion. These questions appear to arise from the deletion of a reciprocity provision in Rule 14-705. Removing reciprocity requirements was never the intention behind the August amendments. Rather, the intention was to simply recognize that the pandemic created opportunities for remote work. As such, these amendments clarify that a reciprocal admission applicant must have been engaged in the Full-time Practice of Law in the reciprocal jurisdiction, whether remotely or in-person, during the relevant time period.

Posted: March 23, 2022

Rules Governing the Utah State Bar – Comment Period Closed May 7, 2022

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.

Posted: August 12, 2020

Rules Governing the State Bar – Comment Period Closed September 26, 2020

USB14-0805. Admission for spouse of active military stationed in Utah. Proposed change in 14-805(a)(4)(A) requires military spouse applicants to pay the full application fee rather than half. Reason for the change is recent federal legislation that reimburses military spouses for the full application fee.

USB14-0715. Request for review. Proposed change in 14-715(e)(4) allows petitioners to submit a reply brief that is limited to the facts raised in the Bar’s response to the initial petition.

USB14-0705. Admission by Motion and USB14-0719. Qualifications for admission of House Counsel Applicants. Changes to both rules permit House Counsel licensees to count time spent practicing in Utah with a house counsel license toward the time required for admission by motion.

Posted: May 18, 2020

Rules Governing the Utah State Bar – Comment Period Closed July 2, 2020

Reason for changes

Changes to the rules reflect that OPC is now under the supervision of the OPC Oversight Committee. The requirement that attorneys admitted on motion attend the OPC Ethics School has been removed. A definition for “formerly admitted applicant” has been added. In Rule 14-712(c)(1), the time permitted to transfer a UBE score has been extended from 24 to 36 months. Other changes include cleanup of typographical and numbering errors.

USB14-0701. Definitions.

USB14-0705. Admission by motion.

USB14-0707. Application: deadline; withdrawals; postponements and fees.

USB14-0708. Character and fitness.

USB14-0711. Grading and passing of the Bar Examination.

USB14-0712. Qualifications for admission based on UBE.

USB14-0714. Unsuccessful Applicants: disclosure and right of inspection.

USB14-0716. License fees; enrollment fees; oath and admission.

USB14-0717. Readmission after resignation or disbarment of Utah attorneys.

USB14-0718. Licensing of Foreign Legal Consultants.

USB14-0719. Qualifications for admission of House Counsel Applicants.

Posted: January 31, 2018

Rules Governing the State Bar – Comment Period Closed March 17, 2018

USB14-0701 Amend. Changes to Rule 14-701 clear up confusion regarding the definition of “bar examination” and make the definition of practice of law consistent with the definition used in 14-802.

USB14-0807 Amend. Changes to Rule 14-807 clarify language that has been a source of confusion for students seeking to practice under the rule.

USB14-0809 New. This new rule will allow lawyers admitted in other jurisdictions, who have submitted an application for admission to the Utah State Bar, to practice law in Utah under supervision while awaiting admission

USB14-0704 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0705 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0713 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0719 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0806 Amend. Change makes the rule consistent with proposed rule 14-809.

USB14-0904 Amend. Changes to the rule clarify that any lawyer on whose behalf the Fund for Client Protection makes a payment can be administratively suspended for failure to reimburse the Fund.

Posted: August 26, 2015

Bar Admissions Rules

The following proposals address changes to the Bar admissions rules. The proposed changes are primarily a reorganization of the current rules to make them easier for applicants to understand. Redundant sections of the rules were deleted and consolidated. There also are numerous changes proposed for consistency, form and clarification. Substantive changes include a change in the definition of “Active Practice” in Rule 14-701, the consolidation of all review procedures under Rule 14-715, and changes to timing of motions for admissions, the ceremony and taking of the oath of attorney in Rules 14-707 and 14-716.
USB 14-0701. Definitions. Amend.
USB 14-0703. Qualifications for admission of Student and Foreign Law School Applicants. Amend.
USB 14-0704. Qualifications for admission of Attorney Applicants. Amend.
USB 14-0705. Admission by motion. Amend.
USB 14-0706. Test accommodations. Amend.
USB 14-0707. Application; deadlines; withdrawals; postponements and fees. Amend.
USB 14-0708. Character and fitness. Amend.
USB 14-0709. Application denial. Amend.
USB 14-0710. Administration of the Bar Exam. Amend.
USB 14-0711. Grading and passing of the Bar Exam. Amend.
USB 14-0712. Qualificatons for admission based on UBE. Amend.
USB 14-0715. Bar Examination appeals. Amend.
USB 14-0716. License fees; enrollment fees; oath and admission. Amend.
USB 14-0717. Readmission after resignation or disbarment of Utah attorneys. Amend.
USB 14-0718. Licensing of Foreign Legal Consultants. Amend.
USB 14-0719. Qualifications for admission of House Counsel Applicants. Amend.

Posted: April 3, 2012

Rules Governing the Utah State Bar

USB 14-0510. Prosecution and appeals. Amend. Allows OPC to refer matters to the Professionalism Counseling Board established pursuant to Supreme Court Standing Order No. 7. Allows OPC to appeal screening panel determinations and recommendations. Authorizes the chair of the Ethics & Discipline Committee to increase a sanction imposed by a screening panel.
USB 14-0515. Access to disciplinary information. Amend. Allows direct communication between OPC, members of the Ethics and Discipline Committee and the Professionalism Counseling Board.

Petition to Adopt the Uniform Bar Exam Substantive and technical amendments to multiple rules to adopt the Uniform Bar Exam in Utah.
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
USB 14-0701. Definitions.
USB 14-0702. Board – general powers.
USB 14-0703. Qualifications for admission of Student and Foreign Law School Applicants.
USB 14-0704. Qualifications for admission of Attorney Applicants.
USB 14-0705. Admission by Motion.
USB 14-0706. Test accommodations.
USB 14-0707. Application; deadlines; withdrawals; postponements and fees.
USB 14-0708. Character and fitness.
USB 14-0709. Application denial.
USB 14-0710. Administration of the Bar Examination.
USB 14-0711. Grading and passing of the Bar Examination.
USB 14-0712. Qualifications for admission based on UBE.
USB 14-0713. MPRE.
USB 14-0714. Unsuccessful Applicants: disclosure and right of inspection.
USB 14-0715. Bar Examination appeals.
USB 14-0716. License fees; enrollment fees; oath and admission.
USB 14-0717. Readmission after resignation or disbarment of Utah attorneys.
USB 14-0718. Licensing of Foreign Legal Consultants. Renumber from 14-805 and amend.
USB 14-0719. Qualifications for admission of House Counsel Applicants. Renumber from 14-720 and amend.
USB 14-0720. Confidentiality. Renumber from 14-719 and amend.
USB 14-0805. Reserved.

Posted: October 1, 2008

Rules Governing the Utah State Bar

NLTP Petition. Petition to establish a new lawyer training program with all exhibits including proposed rule amendments.
Affected Rules:
USB 14-0402. Definitions. Amend. Exhibit 13.
USB 14-0404. Active status lawyers: MCLE, NLTP and admission on motion requirements. Amend. Exhibit 10.
USB 14-0415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals. Amend. Exhibit 11.
USB 14-0417. Miscellaneous fees and expenses. Amend. Exhibit 12.
USB 14-0705. Admission on motion. Amend. Exhibit 9.
USB 14-0801. Definitions. Amend. Exhibit 8.
USB 14-0808. New lawyer training program. Amend. Exhibit 7.