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In October of 2000, the Multijurisdictional Practice ("MJP") Task Force was established by the Board of Bar Commissioners to examine whether or not the present practice of
admitting lawyers to the Utah State Bar was serving the public, the legal profession, and the needs of clients. Another factor prompting the formation of the Task Force was the fact that
Utah had been invited to join with the neighboring states of Washington, Oregon, and Idaho to participate in a "Pacific Northwest Coalition" which would cooperate on licensing
issues and streamline the admission of attorneys practicing in Coalition states. The Board asked the MJP Task Force to investigate whether or not it made sense for Utah to participate in
the Pacific Northwest Coalition.
In light of the fact that American society and business today are less defined by geography, and lawyers increasingly find themselves representing
clients who have a presence in multiple jurisdictions, the trend has been for states to allow lawyers from other states to be licensed to practice law within their borders without having
to retake a bar exam. This streamlined process of admission is referred to as "reciprocity." Of the approximately 55 U.S. lawyer licensing jurisdictions, over one-half (29
jurisdictions) allow reciprocal admissions. Currently, Utah does not offer reciprocity to attorneys from other states. Under Utah's licensing rules, even attorneys who have been
practicing for five years or more are required to take the essay portion of the bar exam before they can be licensed to practice.
After reviewing the issue of reciprocity, the MJP
Task Force concluded that offering reciprocal admissions would be beneficial in a number of ways. First, it simplifies the admission process for lawyers who have a reasonable level of
prior experience, and allows attorneys more freedom to relocate to other areas of the country. Thirteen of the states that offer reciprocity do so under a policy of "if your state
lets our attorneys in, we will let your state's attorneys in." Thus, by adopting reciprocity, Utah would not only be allowing outside attorneys an easier licensing option, but Utah
attorneys would have the opportunity to move to other parts of the country and be licensed in other states that have reciprocal admission rules.
Second, with reciprocity in place,
clients who do business in a number of states can ask the lawyers who represent them to get licensed in these other states. This prevents the client from incurring the expense and
inconvenience of hiring a second law firm to assist them with their legal problems. Third, easing licensing requirements for practicing attorneys recognizes that with new technology, law
practice is no longer restricted to "state-based" practitioners. Computerized legal research allows attorneys to easily cross boundaries and familiarize themselves with
state-specific case law, codes, and administrative rules as needed.
Finally, it is possible to incorporate a number of requirements into the reciprocity rule to insure that clients
and the public at large are protected. The following requirements have been incorporated into the proposed rule: (1) completion of a minimum number of years of practice as an attorney,
(2) graduation from an ABA-approved law school, (3) passage of the bar examination in at least one state, (4) establishment of the applicant's good moral character, (5) attendance at a
minimum of fifteen hours of continuing legal education classes in Utah within six months of licensing to ensure out-of-state attorneys are educated on the rules of practice, key
substantive law differences, and the ethics rules of Utah, (6) be subject to disciplinary action in Utah, and (7) comply with all other applicable requirements of Bar membership,
including payment of licensing fees.
The proposed rule, as published below, was drafted by the MJP Task Force after referencing the reciprocity rules of 20 other states and
incorporates a good deal of the ABA's Model Rule on Reciprocity. The rule utilizes a two-tier system that provides for two different practice requirements, one for Pacific Northwest
states and another for all other states who offer reciprocity to Utah attorneys. The two-tier system is necessary because the Coalition states have already established a three-year
practice rule, while the ABA Model rule and the majority of other states utilize a five-year practice rule. In order to be part of the Pacific Northwest Coalition, it is necessary that
Utah's rule establish a lower years-of-practice rule for attorneys from Oregon, Washington, and Idaho than is set for attorneys applying from other U.S. jurisdictions.
The MJP
Task Force presents this proposed rule to the Utah State Bar for comment. If the majority of Bar members favor reciprocity, the rule will be presented to the Board of Bar Commissioners
for approval. If approved by the Board, a petition will be filed with the Utah Supreme Court. Court approval is necessary before the rule goes into effect. All comments regarding the
proposed reciprocity rule are welcome. Remarks may be mailed to the Utah State Bar at 645 South 200 East, Salt Lake City, Utah 84111, or e-mailed to the Deputy General Counsel in charge
of Admissions, Joni Dickson Seko. Her e-mail address is joni.seko@utahbar.org. Comments may also be sent by facsimile to (801) 531-0660. The comment period runs through April 2, 2002.
PROPOSED RULE FOR ADMISSION OF LAWYERS LICENSED IN OTHER STATES OR TERRITORIES OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA TO PRACTICE LAW IN UTAH
1.
An applicant may, upon motion, be admitted to the practice of law in this jurisdiction if the applicant has been admitted to another state, territory or the District of Columbia where admission by motion is authorized and the applicant meets the requirements of 1(a) through (11) of this rule.
The applicant shall:
(a) Have been admitted by bar examination to practice law in another state, territory, or the District of Columbia;
(b) Hold a first
professional degree in law (J.D. or LL.B.) from a law school approved by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association at the
time the degree was conferred;
(c) Have been substantially and lawfully engaged in the active practice of law in Idaho, Oregon or Washington for no less than three years, and have
been substantially and lawfully engaged in the practice of law in one of the aforementioned states for any three of the four years immediately preceding the date of the filing of
application for admission under this rule.
(d) An applicant who is engaged in the active practice law in the District of Columbia or in a state or territory other than Idaho,
Oregon, or Washington may file for admission under this rule if he or she has been substantially and lawfully engaged in the practice of law in such jurisdiction for five years, and has
been substantially and lawfully engaged in the practice of law for any five of the seven years immediately preceding the date of the filing of application for admission under this rule;
(e) Has received a passing score on the Multistate Professional Responsibility Examination as established by the Board of Bar Commissioners ("Board") of the Utah State
Bar;
(f) 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;
(g) 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;
(h) Present satisfactory proof demonstrating that he or she have
been substantially and lawfully engaged in the practice of law for the applicable period of time;
(i) Establish that the applicant possesses the good moral character and fitness
requisite to practice law in the State of Utah and evidence of his or her educational and professional qualifications;
(j) Establish that the state, territory, or District of
Columbia which licensed the applicant allows the admission of licensed Utah lawyers under terms and conditions substantially similar to those set forth in these rules, provided that if
the state, territory, or District of Columbia requires Utah lawyers to complete or meet other conditions or requirements, the applicant must meet a substantially similar requirement for
admission in Utah;
(k) Pay upon the filing of the application the fee established for such admission; and
(l) File a duly acknowledged instrument, in writing, setting forth
his of her address in this State and designating the Clerk of the Utah Supreme Court as his or her agent upon whom process may be served.
2.
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; however, in no event shall activities listed under (2)(e) and (f) that were performed in advance of bar admission to the Utah State Bar be accepted toward the durational requirement:
(a) Representation of one or more clients in the private practice of law;
(b) Service as a lawyer with a local, state, or federal agency, including military service;
(c) Teaching law at a law school approved by the Council of the Section of Legal Education and Admissions to the Bar of the American Bar Association;
(d) Service as a judge in a federal, state, or local court of record;
(e) Service as a judicial law clerk; or
(f) Service as corporate counsel.
3.
For the purposes of this rule, the active practice of law shall not include work that, as undertaken, constituted 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.
4.
An applicant who has failed a bar examination administered in this jurisdiction within five years of the date of filing an application under this rule shall not be eligible for admission on motion.
5.
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 fifteen hours of continuing legal education on Utah practice and procedure and ethics requirements. The Board of Bar Commissioners may by regulation specify the number of hours of the required fifteen hours that must be in particular areas of practice, procedure, and ethics. Included in this mandatory fifteen hours is attendance at Utah's Ethics School. This class is offered twice a year and provides six credit hours. The remaining nine credit hours must be made up of New Lawyer Continuing Legal Education ("NLCLE") courses. Twelve of the fifteen hours may be completed through self-study by access to Utah's on-line education system. The above fifteen hours will apply towards the twenty-seven hours required per compliance period.
6.
All applicants admitted to practice law pursuant to this rule shall be subject to and shall comply with the Utah Rules of Professional Conduct, the Rules Governing Admission to the Utah State Bar, the Rules of Lawyer Discipline and Disability and all other rules and regulations applicable to members of the Utah State Bar.
7.
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 members of the Utah State Bar. Every person licensed under this rule shall be subject to control by the courts of the State of Utah and to censure, suspension, removal or revocation of his or her license to practice in Utah.
8.
All applicants admitted to practice law pursuant to this rule shall execute and file with the Utah State 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 1(g) of this Rule imposing any disciplinary censure, suspension, or other sanction upon such person.
9.
If, in the judgment of the Utah Supreme Court, it is in the best interest of the State of Utah to discontinue reciprocity with other states, such decision may be implemented immediately by order of the Court.
10. Form and Content of Application.
(a) A reciprocal applicant shall file an application for admission to the practice of law with the Office of Admissions.
The applicant must provide a full and direct response to questions contained in the application in the manner and time prescribed by the Rules Governing Admission to the Utah State Bar.
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.
(b) 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 pertinent information touching on the applicant's fitness to practice law as determined by the Board.
11. Timing of Application and Admission.
(1) A reciprocal application may be filed at any time.
(2) Upon approval of the application by the Board of Commissioners, the Board shall recommend to the Supreme Court
the admission of the applicant to the Utah State Bar. Candidates who meet the requirements herein stated in this rule and who have paid to the Utah State Bar the membership fee for the
current year, will have their name placed on a Motion for Admission to the Bar. Motions for Admission are presented to the Utah Supreme Court three times a year, October, February and May.
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