Please go directly to the “Arbitration Proceedings” section below if you intend to participate in an arbitration proceeding. Please see the “Administrative Proceedings” section below if you intend to participate in a state agency administrative adjudication.
WHAT DO I NEED?
- An application form (see link below)
- A certificate of good standing from the applicant’s state licensing entity (see “Additional Information” below)
- A motion (see link below for sample)
- A proposed order (see link below for sample)
- A Utah sponsoring attorney (see “Additional Information” below)
- A check in the correct amount (see “Additional Information” below)
- An Acknowledgement of Supporting Documentation and Filing Fee (see “Plan Ahead” section below)
The “Acknowledgement of Supporting Documentation and Receipt of Filing Fee” (“Acknowledgement”) is not a simple receipt evidencing that you have merely paid the necessary fee. The materials you are required to submit must be complete, accurate, and up-to-date. If not, the application will be rejected and the “Acknowledgement” will be not be issued. Please allow sufficient time to process your application. Once all appropriate paperwork is received, an Acknowledgement Receipt is issued within five (5) to seven (7) working days.
WHAT GETS FILED WHERE AND WHEN?
- In order to process your application, the Bar needs: (1) a copy of your signed motion; (2) the original signed and notarized application; (3) the original certificate of good standing (issued within 60 days of the date of application); and (4) a check in the proper amount ($250.00 per applicant, per case) made payable to the Utah State Bar. Fee exemptions are available for certain and limited circumstances; see “Additional Information” below. Please send these materials to:
Utah State Bar
Attn: Pro Hac Vice
645 South 200 East
Salt Lake City, UT 84111
- If your documents are in proper order (e.g., correct amount of fee, applicant not suspended from the practice of law, etc.) and complete, the Bar will issue an Acknowledgement which can be picked up at the Bar offices or will be mailed to local sponsoring counsel unless otherwise requested.
- Sponsoring Local Counsel should then file with the court (or adjudicative body): (1) an original motion with attached copies of the application (a copy, not the original form) and certificate of good standing (a copy, not the original); (2) the original Acknowledgement; and (3) an original proposed order.
Motions must be signed by a sponsoring Utah attorney in good standing. Until an out-of-state licensed applicant is admitted, she or he is not permitted to sign pleadings.
Sponsoring Local Counsel. If you need to locate a local sponsoring attorney who is on active status and in good standing (and who also resides in Utah), you may want to search: (1) Utah law firms registered with www.martindale.com or (2) the Bar’s membership database at www.utahbar.org under “Find a Lawyer”. Utah has eight judicial districts in which your case can be heard. Click here for a map of Utah reflecting these judicial district court boundaries.
Board Fees: Rule 14-806 of the Utah Supreme Court’s Rules of Professional Practice in the Utah Code of Judicial Administration requires a $250.00 fee per pro hac vice applicant per case. If you have a class action lawsuit or multiple-related cases which will be consolidated, please contact the Bar’s General Counsel. Effective April 1, 2006 and pursuant to subsection (d)(1) and (d)(2) of Rule 14-806, fee exemptions by rule are available for: (1) attorneys who are employees of and representing the United States of America or any of its departments or agencies; and (2) attorneys representing indigent clients on a pro bono basis. (For the latter category, click here for an affidavit which the applicant needs to complete, sign, have signature notarized and attach to original application.)
Rule 14-806 of the Utah Supreme Court’s Rules of Professional Practice in the Utah Code of Judicial Administration does not permit pro hac vice appearances by attorneys licensed elsewhere, but who reside in the State of Utah. The rule also does not permit Utah licensed attorneys who reside out of state to sponsor other out-of-state licensed attorneys.
Please contact Brady Whitehead, Assistant to General Counsel at 801-297-7057 or by e-mail at firstname.lastname@example.org with any questions you may have and we will be happy to assist you.
Representing without compensation a natural person or legal entity as an employee representative of that entity in an arbitration proceeding,where the amount in controversy does not exceed the jurisdictional limit of the small claims court set by the Utah Legislature. Authorization to Practice Law Rule (c)(6). See also Utah Code §78-6-1(1)(a)(i) ($7500).
Acting as a representative before administrative tribunals or agenciesas authorized by tribunal or agency rule or practice. Authorization to Practice Law Rule (c)(8).
Serving in a neutral capacity as an arbitrator. Authorization to Practice Law Rule (c)(9).
Participating in arbitrations arising under collective bargaining rights or agreements or as otherwise allowed by law. Authorization to Practice Law Rule (c)(10).
Providing services that the lawyer is authorized to provide by federal law or other law of this jurisdiction. Rule 5.5 (Multijurisdictional Practice) of Utah Rules of Professional Conduct.
Several rules govern whether it is necessary for out-of-state licensed lawyers to apply for pro hac vice admittance in arbitration proceedings to be conducted here. Links to these various rules follow below. Please review these rules to determine if you need to apply for pro hac vice admission. Rule 5.5 (Utah Rules of Professional Conduct) subsection (a) states that “a lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction or assist another in doing so.” The rule then sets forth various provisions and comments addressing alternative dispute resolution mechanisms such as arbitration.
Rule 5.5 must be read in conjunction with Rule 14-802 (Authorization to Practice Law) in the Utah Supreme Court Rules of Professional Practice. That rule governs what constitutes the practice of law in Utah and contains a number of exceptions to the general rule. The comment to subsection (b)(2)(B) of Rule 14-802 makes it clear that arbitration proceedings are characterized as “[T]ribunals…that render judgments or opinions involving a person’s interests.” and thus, participation constitutes the practice of law in Utah. Subsection (c)(8) makes an exception for those acting as a representative before administrative tribunals or agencies as authorized by tribunal or agency rule or practice. An example would be NASD and SEC proceedings. Subsection (c)(9) provides an exception for those serving in a neutral capacity as the arbitrator. For participating, i.e., representing the interests of a third party, in nearly all other arbitration proceedings, an out-of-state lawyer must apply to the Bar for pro hac vice admittance.
The pro hac vice process has been appropriately modified for those out of state lawyers appearing in arbitration proceedings. For instance, neither a Utah licensed sponsoring counsel nor a motion nor order are required. Other requirements under the pro hac vice rule, however, including, but not limited to, the standard fee and a current certificate of good standing still remain.
Rule 14-802 (Authorization to Practice Law) subsection (c)(8) states that “whether or not it constitutes the practice of law, the following activity….is permitted: acting as a representative before administrative tribunals or agencies as authorized by tribunal or agency rule or practice” (see link above). Rule 5.5 (Unauthorized Practice of Law; Multijurisdictional Practice of Law) of the Utah Rules of Professional Conduct, subsection (d)(2) states that: “A lawyer admitted in another United States jurisdiction and not disbarred or suspended from practice in any jurisdiction may provide legal services in this jurisdiction that are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction” (see link above).
Out-of-state lawyers who intend to represent a party in an administrative adjudicative proceeding must contact that entity to determine whether pro hac vice admission is necessary. If so, the regular process must be followed at the beginning of this set of instructions. Insofar as the Utah State Bar is aware, the following state entities require compliance with Rule 14-806 (Pro Hac Vice): (1) The Utah Labor Commission (Adjudication Division & Anti-Discrimination Division); (2) The Utah State Board of Oil and Gas Regulation; (3) Utah Department of Agriculture; and (4) Utah Department of Commerce.
PROCEEDINGS IN FEDERAL DISTRICT AND U.S. BANKRUPTCY COURTS
The U.S. District Court in Utah and the U.S. Bankruptcy Court for Utah have their own requirements governing pro hac vice appearances; please contact them at:
|U.S. District Court of Utah|
|U.S. Bankruptcy Court|