There are five primary categories of licensure available to Utah lawyers. There are also four categories of limited licensure. All fees and categories are adopted by the Bar and approved by order of the Utah Supreme Court.
1. Active. A lawyer who is engaged in the practice of law must be licensed on Active Status. The practice of law is the “representation of the interests of another person by informing, counseling, advising, assisting, advocating for or drafting documents for that person through application of the law and associated legal principles to that person’s facts and circumstances.” You must pay the current active licensing fee plus the required annual Client Security Fund assessment (up to $20.00) and you must satisfy continuing legal education requirements. The current annual fee is $425. Rule 14-802(b)(1) (Authorization to Practice Law); Rule 14-101 et seq. (RIM); Rule 14-203 (Bylaws).
2. Active, Under Three. A lawyer on Active Status who has taken the Student Bar Examination and has not been admitted to practice for more than three years in any jurisdiction qualifies for a reduced fee. Lawyers who took the Attorney Bar Examination do not qualify. Lawyers on Active Under Three status must pay the appropriate licensing fee ($250.00) plus the required Client Security Fund assessment (up to $20.00) and satisfy, when applicable, New Lawyer Training Program requirements. Rule 14-101 et seq. (RIM); Rule 14-203 (Bylaws); 14-401 et sq. (MCLE).
3. Active Emeritus. A lawyer who has been a member of the Bar for 50 years or is 75 years old as of July 1 of the current year qualifies for Emeritus Status and is not required to pay a licensing fee or the Client Security Fund assessment. If you are practicing law while on Emeritus Status, you are considered Active Emeritus and must meet continuing legal education requirements. Rule 14-101 et seq. (RIM); Rule 14-203 (Bylaws); Rule 14-401 et seq. (MCLE).
4. Inactive. A lawyer on Inactive Status may be considered to be in good standing but may not practice law in the state of Utah and is not required to meet continuing legal education requirements. The annual fee is $105 (inactive no service). If you want to receive the Utah Bar Journal and Casemaker, the fee is $150 (inactive full service). To be placed on Inactive Status, please indicate by paying the inactive fee when renewing through the annual licensing form or by letter (Request to go on Inactive Status .DOC). You will not automatically receive Inactive Status by not paying the annual licensing fee. If you do not pay the licensing fee, you will be administratively suspended for failure to renew. Rule 14-101 et seq. (RIM); Rule 14-203 (Bylaws).
5. Inactive Emeritus. A lawyer who has been a member of the Bar for 50 years or is 75 years old as of July 1 of the current year and who wishes to be on Inactive Status is not required to pay a licensing fee, the Client Security Fund assessment or meet continuing legal education requirements. Rule 14-101 et seq. (RIM); Rule 14-203 (Bylaws).
1. House Counsel – Current Status. A lawyer who qualifies and is admitted and licensed as a House Counsel shall limit his or her practice including legal representation only to the business of his or her employers. A House Counsel is not permitted to practice law generally by appearing in court or offering legal services or advice to the public. A House Counsel may be considered in Good Standing. In order to remain on current status, you must pay the current Active Status fee (but no fees for the Client Security Fund). The current annual fee is $425. You also must satisfy your primary licensing jurisdiction’s continuing legal education requirements. Utah Rule of Admission 14-719.
2. Inactive Lawyers Providing Legal Services for Legal Services Organizations. A lawyer who qualifies for this status may practice law only in accordance with Supreme Court approved Rule 14-803. See licensing category “#4 Inactive”, above for licensing requirements.
3. Military Lawyers. A military lawyer licensed in another jurisdiction and in good standing may qualify to practice law before the Utah courts upon application and approval under Supreme Court approved Rule 14-804. You must pay a $10 processing fee and your limited license shall be terminated when you end active duty military service in Utah or when you no longer meet the requirements to practice under the applicable rule.
4. Foreign Legal Consultants. A person who is a member in good standing of a recognized legal profession in a foreign country who qualifies to obtain a limited license as a Foreign Legal Consultant, may be admitted upon fulfilling all requirements set forth in Supreme Court Approval Rule 14-718. Foreign Legal Consultants may only practice law in accordance with Rule 14-718. Such persons shall be subject to an annual renewal of their license along with payment of current approved fees for Active Status members of the Bar.
Reinstatement, Resignation and Readmission
Lawyers should be aware of the process of reinstating their Bar license after suspension, the availability of resignation from the Bar, and the process of readmission to the Bar after resignation. The following information does not apply to limited licenses which have separate provisions.
Reinstatement within three (3) years of Suspension for Failure to Renew. A lawyer whose license has been suspended for failing to pay any required fees for (3) years or lessmay be reinstated by paying the licensing fees at the Inactive Status for each of the years suspended plus the current licensing fee, the current Client Security Fund assessment and a $200 reinstatement fee. RLDD 14-508.
Re enrollment after three (3) years of Suspension for Failure to Renew. A lawyer whose license has been suspended for failing to pay any required fees for three (3) years or more is deemed to have resigned and must file an application for admission to the Utah State Bar and be approved by the Character and Fitness Committee, pay a $1,000 application fee and comply with all the other requirements for admission. This process may take several months. RLDD 14-508 and Rule 14-717(a) Rules Governing Admission; fees established by policy.
Resignation from the Bar. If there are no disciplinary matters outstanding or pending and he or she is not currently suspended from the practice of law, a lawyer may resign from the Bar by submitting a written notification of resignation. If there are disciplinary matters outstanding or pending or he or she is currently suspended from the practice of law, a lawyer may submit a written notification of resignation, which will not be effective unless approved by the Office of Professional Conduct. Section B.1(g)(1), Bar’s Policies and Procedures.
Readmission to the Bar after Resignation without Discipline Pending.A lawyer who resigned without discipline pending prior to September 15, 2003 and who wishes to be readmitted must file a verified petition for readmission, addressed to the Bar Commission and filed with the Executive Director, identifying the lawyer’s name, age, past and current residences and business address, all occupations during the period subsequent to resignation and the reason for resignation. The lawyer must also pay a $200 filing fee. A lawyer who resigned without discipline pending after September 15, 2003 and who wishes to be readmitted must file an Application for Admission to the Utah State Bar and be approved by the Character and Fitness Committee, pay a $1000 application fee and comply with all other requirements for admission. This process may take several months. Rule 14-717(a), Rules Governing Admission; fees established by policy.
Regardless of when the lawyer resigned, he or she must pay the Bar licensing fee, court enrollment fees, and retake the required oaths. Readmission is limited to four opportunities a year; October, February, May and August. Rule 14-716.
Readmission after Resignation with Discipline or Discipline Pending.Please contact the Bar’s Office of Professional Conduct and Office of Admissions.