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Rule 14-705. Admission on motion.
(a) Reciprocal admission. An admission on motion applicant may
be admitted to the practice of law if the applicant has been admitted
to the practice of law before the highest court of a sister state
or United States territory or the District of Columbia where admission
by motion is authorized and the applicant meets all other requirements
of this rule. The burden of proof is on the applicant to establish
by clear and convincing evidence that he or she meets each of the
following requirements:
(a)(1) has been admitted by bar examination to practice law before
the highest court of a sister state or United States territory
or the District of Columbia;
(a)(2) holds a first professional degree in law (Juris Doctorate
or Bachelor of Laws) from an approved law school;
(a)(3) establish that the sister state or United States territory
or the District of Columbia that licensed the applicant allows
the admission of licensed Utah lawyers under terms and conditions
similar to those set forth in this rule, provided that if the sister
state or United States territory or the District of Columbia that
licensed the applicant requires Utah lawyers to complete or meet
other conditions or requirements, the applicant must meet a substantially
similar requirement for admission in Utah;
(a)(4) has been substantially and lawfully engaged in the active
practice of law (meaning 50% or more) in the reciprocal jurisdiction
where licensed for at least three of the previous four years immediately
preceding the date of the filing of the application for admission
under this rule;
(a)(5) present satisfactory proof of both admission to the practice
of law and that he or she is a member in good standing in all jurisdictions
where currently admitted;
(a)(6) file with the application a certificate from the entity
having authority over professional discipline for each jurisdiction
where the applicant is licensed to practice which certifies that
the applicant is not currently subject to lawyer discipline or
the subject of a pending disciplinary matter;
(a)(7) present satisfactory proof to demonstrate that the applicant
has been substantially and lawfully engaged in the practice of
law for the applicable period of time;
(a)(8) establish that the applicant possesses good moral character
and satisfies the requirements of Rule 14-708;
(a)(9) provide evidence of the applicant's educational and professional
qualifications;
(a)(10) upon the filing of the application, pay the prescribed
fees; and
(a)(11) file with the Bar a designated service of process form
setting forth his of her address in this state and designating
the clerk of the Supreme Court as his or her agent upon whom process
may be served.
(b) Active practice defined. For the purposes of this rule, the "active
practice of law" shall include the following activities, if
performed in a jurisdiction in which the applicant is admitted,
or if performed in a jurisdiction that affirmatively permits such
activity by a lawyer not admitted to practice:
(b)(1) sole practitioner, partner, shareholder, associate, or
of counsel in a law firm; or
(b)(2) an organization's employee whose principal responsibility
is to provide legal advice or service; or
(b)(3) government employee whose principal duties are to provide
legal advice or service; or
(b)(4) service in the United States armed forces in a legal capacity;
or
(b)(5) judge of a court of general or appellate jurisdiction requiring
admission to a bar as a qualification for admission thereof; or
(b)(6) law clerk to a judge of a court of general or appellate
jurisdiction; or
(b)(7) teaching full-time in an approved law school.
(c) Unauthorized practice of law. For the purposes of this rule,
the active practice of law shall not include work that, as undertaken,
constitutes the unauthorized practice of law in the jurisdiction
in which it was performed or in the jurisdiction in which the clients
receiving the unauthorized services were located.
(d) Continuing legal education requirement. All applicants admitted
to practice law pursuant to this rule shall complete and certify
no later than six months following the applicant's admission that
he or she has attended at least 15 hours of continuing legal education
on Utah practice and procedure and ethics requirements.
(d)(1) The Board may by regulation specify the number of the required
15 hours that must be in particular areas of practice, procedure,
and ethics. Included in this mandatory 15 hours is attendance at
the Bar's OPC ethics school. This class is offered twice a year
and provides six credit hours.
(d)(2) The remaining nine credit hours must be made up of Utah's
New Lawyer Continuing Legal Education ("NLCLE") courses.
(d)(3) Twelve of the 15 hours may be completed through self-study
by access to Utah's on-line education system.
(d)(4) The above 15 hours will apply towards the 24 hours required
per two-year compliance period.
(d)(5) Mandatory Continuing Legal Education ("MCLE")
credit may be awarded for out-of-state activities that in the determination
of the Board of Mandatory Continuing Legal Education ("MCLE
Board") meet certain standards in furthering an attorney's
legal education. Whether to accredit such activities and the number
of hours of credit to allow for such activities shall be determined
by the MCLE Board. Activities that may be regarded as equivalent
to state-sponsored MCLE may include, but are not limited to, viewing
of approved continuing legal education videotapes, writing and
publishing an article in a legal periodical, part-time teaching
in an approved law school, or delivering a paper or speech on a
professional subject at a meeting primarily attended by lawyers,
legal assistants, or law students. Application by a member of the
Bar for accreditation of a MCLE activity must be submitted in writing
to the MCLE Board. Forms and contact information regarding applying
for accreditation is available on-line at mcle@utahbar.org. Out-of-state
activities cannot substitute for the 15 mandatory CLE hours described
in paragraph (d)(2) and (d)(3) above.
(e) Subject to Utah rules. All applicants admitted to practice
law pursuant to this rule shall be subject to and shall comply
with the Utah Rules of Professional Conduct and all other rules
and regulations applicable to members of the Bar.
(f) Discipline. All applicants admitted to practice law pursuant
to this rule shall be subject to professional discipline in the
same manner and to the same extent as a member of the Bar. Every
person licensed under this rule shall be subject to control by
the courts of Utah and to censure, suspension, removal or revocation
of the applicant's license to practice in Utah regardless of where
conduct occurs.
(g) Notification of change in standing. All applicants admitted
to practice law pursuant to this rule shall execute and file with
the Bar a written notice of any change in such person's good standing
in another licensing jurisdiction and of any final action of the
professional body or public authority referred to in Rule 14-705(a)(6)
imposing any disciplinary censure, suspension, or other sanction
upon such person.
(h) Form and content of application. An admission on motion applicant
shall file an application. The applicant must provide a full and
direct response to questions contained in the application in the
manner and time prescribed by this article. The Board may require
additional proof of any facts stated in the application. In the
event of the failure or the refusal of the applicant to furnish
any information or proof, or to answer any inquiry of the Board
pertinent to the pending application, the Board may deny the application
without hearing. An application shall include an authorization
and release to enable the Board to obtain information concerning
such applicant. By signing this authorization and release, an applicant
waives his or her right to confidentiality of communications, records,
evaluations, and any other information that may concern the applicant's
fitness to practice law.
(i) Timing of application and admission. An application may be
filed at any time. Upon approval by the Board of an application
the applicant will be admitted in accordance with Rule 14-716.
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