Admissions & Swearing In

Connie Howard, Chair
Shelly Sisam

CHARGE

The Admissions and Swearing in Committee was charged with examining the current admissions and swearing in process for lawyers in the State of Utah and recommending a Model Admissions and Swearing in Process for licensed legal assistants.

FINDINGS

The Committee limited their review of material to the Utah Bar Admissions process to simplify the legal assistant's admissions thereby conserving costs and resources.  Upon review of the requirements, the Committee edited the attorney admission process to tailor this process to legal assistants.  The only recommended deviation from the attorney application would fall under the investigation section.  A prospective attorney applicant is subject to a credit check.  A legal assistant does not work in a fiduciary capacity nor do they have or maintain trust accounts or set fees.  Specifically, the National Association of Legal Assistants, Inc.: Model Standards and Guidelines for Utilization of Legal Assistants, Guideline 2, and the American Bar Association.  Model Guidelines for Utilization of Legal Assistant Services, Guideline 3, recommends that a legal assistant not engage in setting or negotiating fees or establishing an attorney-client relationship.  Based on these guidelines, the Committee recommends that the credit check under the investigation section be omitted.

If a member leaves the state, or takes time off from being a licensed legal assistant, that person should be allowed to become "Inactive."  To reactivate their license, an attorney needs only to pay their fees if there are no pending disciplinary actions.  There is no requirement to update CLE.  We recommend the same policy for legal assistants.

RECOMMENDATION

It is the recommendation of this Committee that the legal assistant applicant shall make application to the Utah State Bar Legal Assistant's Division.  Upon application, the Admissions Department of the Utah State Bar shall conduct an investigation consisting of a criminal history check, a prior disciplinary check (in the case of a lawyer practicing as a legal assistant), and a Character and Fitness Committee review.  Upon successful completion of the review by the Character and Fitness Committee, and after meeting the credentials as set out in the application, the applicant will submit to the required examination.  Two Character and Fitness Committee member's signatures shall be required on the application before the candidate is eligible to take the Legal Assistant Examination.  If questions arise as to the character or fitness of the applicant, the Committee shall hold a hearing for further inquiry into the applicant's character and fitness.  After successful completion of the required examination, the applicant will be sworn in as a licensed legal assistant with the Legal Assistants Division of the Utah State Bar at a formal swearing-in event.

The Legal Assistants Division, in connection with the Utah State Bar, shall pass rules governing the practice of legal assistants, admissions process, fees and the administration thereof.

The Committee further recommends that an "Inactive" status be created to allow a legal assistant to leave the state, or take time off from being a licensed legal assistant.  As long as there is no outstanding discipline, that person would be able to reinstate their license by paying the fees due.