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1. Reciprocal Admission
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)Establish to
the satisfaction of the Board of Bar Commissioners that the District of Columbia, or the state or territory that licensed the lawyer applicant, allows the admission of licensed Utah
lawyers under terms and conditions similar to those set forth in these rules, provided that if the state or territory or the District of Columbia that licensed the lawyer applicant
requires Utah lawyers to complete or meet other conditions or requirements, the applicant must meet a substantially similar requirement for admission in Utah.
(d)Have been
substantially and lawfully engaged in the active practice of law (meaning fifty percent or more) for no less than three years in such jurisdiction, or have been substantially and lawfully
engaged in the practice of law for any three of the four years immediately preceding the date of the filing of the application for admission under this rule.
(e) 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;
(f)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;
(g)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;
(h)Establish that the applicant possesses the good moral character and fitness
requisite to practice law in the State of Utah and evidence of the applicant's educational and professional qualifications;
(i)Pay, upon the filing of the application, the fee established for such application; and
(j)File a duly acknowledged instrument, in writing, setting forth his or 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. 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.
(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. 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.
4. Continuing Legal Education Requirement
All applicants admitted to practice law pursuant to this rule shall:
(a)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.
(b)The
Board of Bar Commissioners may by regulation specify the number 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.
(c)The remaining nine credit hours must be made up
of Utah's New Lawyer Continuing Legal Education "NLCLE") courses.
(d)Twelve of the fifteen hours may be completed through self-study by access to Utah's on-line education system.
(e)The above fifteen hours will apply towards the twenty-seven hours required per two-year compliance period.
(f)Continuing Legal Education "CLE") 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 CLE 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 ABA-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 CLE 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 4(b) and (c), above.
5. 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, 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.
6. 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 other 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 the applicant's license to practice in Utah.
7. Notification of Change in Standing
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.
8. Form and Content of Application
(a)A reciprocal applicant shall file an application for admission to the practice of law. 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.
9. Timing of Application and Admission
(a)A reciprocal application may be filed at any time.
(b)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. An applicant has two years from the date of
notice of the approval to pay the required licensing and enrollment fees and take the oath of admission. Candidates who meet the requirements herein stated in this rule 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, in October, February and May.
Admission Without Examination
Reciprocal Juridsictions
Alaska
Colorado
Connecticut
District of Columbia
Georgia
Illinois
Indiana
Iowa
Kentucky
Massachusetts
Michigan
Minnesota
Missouri
Nebraska
New Hampshire
New York
North Carolina
North Dakota
Ohio
Oklahoma
Pennsylvania
Tennessee
Texas
Utah
Vermont
Virginia
Washington
Wisconsin
Wyoming
Non-Reciprocal Jurisdictions
Alabama
Arizona
Arkansas
California
Delaware
Florida
Guam
Hawaii
Idaho
Kansas
Louisiana
Maine
Maryland
Mississippi
Montana
Nevada
New Jersey
New Mexico
Northern Mariana Islands
Oregon
Puerto Rico
Rhode Island
South Carolina
South Dakota
Virgin Islands
The above list is based on infomation provided through the National Conference of Bar Examiners.
Interested parties should check with the bar in question to verify this information.
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