USB14-0901 – Utah Court Rules – Published for Comment

Rules Governing the State Bar – Comment Period Closed January 26, 2019

The proposed changes add Licensed Paralegal Practitioners to the Lawyer’s Fund for Client Protection Rules. Changes include renaming the Fund and the title of the article “Fund for Client Protection” rather than “Lawyers’ Fund for Client Protection.” The proposed changes require Licensed Paralegal Practitioners to contribute to the Fund and allow clients who lose money as a result of the dishonest conduct of Licensed Lawyer Practitioners to make a claim to the Fund for reimbursement.

USB14-0901. Definitions.

USB14-0902. Purpose and scope; establishment of Fund.

USB14-0904. Funding.

USB14-0907. Duties and responsibilities of the committee.

USB14-0908. Conflict of interest.

USB14-0910. Eligible claim.

USB14-0911. Procedures and form; responsibilities of claimants to complete form.

USB14-0912. Processing claims.

USB14-0913. Payment of reimbursement.

USB14-0915. Restitution and subrogation.

USB14-0916. Confidentiality.

Rules Governing the Utah State Bar

Petition to amend Lawyers’ Fund for Client Protection rules AKA Client Security Fund rules.
USB 14-0901. Definitions. Amend. Technical change.
USB 14-0903. Committee membership and terms; Board approval of Committee recommendations. Amend. Technical change.
USB 14-0904. Funding. Amend. Modifies the Fund’s minimum balance provisions and assessment provisions. Provides for suspension of a lawyer’s license in some circumstances until the lawyer reimburses the Fund.
USB 14-0910. Eligible claim. Amend. Establishes new time limits in which to make a claim.
USB 14-0912. Processing claims. Amend. Technical change.
USB 14-0913. Payment of reimbursement. Amend. Establishes a lifetime cap per lawyer. Permits claims to be paid on a pro rata basis if it appears the claims will exceed a lawyer’s annual or lifetime cap.