The Utah Supreme Court voted unanimously on August 12^th, 2020 to authorize a pilot program to test pioneering changes to the practice of law and changes designed to address the access-to-justice crisis in America.  These changes allow individuals and entities to explore creative ways to safely allow lawyers and non-lawyers to practice law and to reduce constraints on how lawyers market and promote their services. In order to assess whether the changes are working as intended, the Supreme Court has authorized the core portions of these changes for a two-year period. At the conclusion of that time, the Supreme Court will carefully evaluate whether the program should continue. The evaluation will be based on a review of data collected from those entities and individuals participating in the program. The Supreme Court’s willingness to experiment with innovation is an important step, especially now, because the need for more affordable legal help has reached crisis levels as a result of the COVID-19 pandemic and its economic fallout. Many Utahns are facing crushing challenges that require legal help, including lost jobs, bankruptcy and debt, and health and family crises. Now more than ever new legal services and providers are needed to ease this crisis of access to justice.

Supreme Court Standing Order No. 15

Rules of Professional Conduct

Information on Order and Changes

Bar Commission Comments on Proposed Changes.

The Bar Commission formed a Committee on Regulatory Reform to serve as a liaison with the Utah Implementation Task Force and to independently assess issues surrounding reform. The Committee was asked to review the proposed rule changes and recommend to the Bar Commission what actions if any the Commission should take in responding to the proposal. Following is a link to the report of the Committee, which was adopted by the Bar Commission on July 16, 2020.

Report

Read Order

The Utah Supreme Court issues the following Order. This Order modifies the Bar Examination passage requirement on an emergency basis for certain eligible law school graduates and attorneys from other jurisdictions in good standing, based upon the Utah Supreme Court’s constitutionally granted authority to regulate the practice of law in Utah, and in consideration of the public health threat currently posed by the novel infectious coronavirus (COVID-19).

2020 CLE Compliance Reporting Period
On March 12, 2020, the Supreme Court authorized the Supreme Court Board of Continuing Legal Education “the Board” to suspend the traditional live in-person credit requirement for lawyers reporting in 2020, allowing all required CLE to be fulfilled with online self-study with audio or video presentations, webcasts or computer interactive telephonic programs for the compliance period ending June 30, 2020.

On April 13, 2020, due to the ongoing COVID-19 virus, the cancellation of in-person CLE courses, and the uncertainty as to when in-person courses may resume, the Supreme Court authorized the Board to extend compliance deadlines for the compliance period ending June 30, 2020. Lawyers will have through September 1, 2020 to complete required CLE hours without paying late filing fees and will have through September 15, 2020 to file Certificate of Compliance reports without paying late filing fees.

2021 CLE Compliance Reporting Period
On April 13, 2020, the Supreme Court authorized the Board to suspend the traditional live in-person credit requirement for lawyers reporting in 2021, allowing all required CLE to be fulfilled with online self-study with audio or video presentations, webcasts or computer interactive telephonic programs for the compliance period ending June 30, 2021. Please note: The 2020 Compliance Reporting Period Extension does not apply to the 2021 Compliance Reporting Period.

Should you have any questions or concerns regarding this announcement, please contact Sydnie Kuhre, MCLE Board Director at sydnie.kuhre@utahbar.org or 801-297-7035.

In this edition: | The Legacy of Justice Ruth Bader Ginsberg; New Legal Entities Approved in “Regulatory Sandbox” | Fall Forum Virtual CLE Series  |  Family Law, Debt Collection and Landlord-Tenant Experts Needed for LPP Examination Advisors| Online Renewal Process Began June 8 with 90-Day Late Fee Extension | Recognition is Essential to Employee Engagement and Well-Being | Live CLE Requirement Suspended for 2020 and ’21 Cycles | Judicial Performance Evaluation Commission Promotes Informational Website | Small Business Association Seeks Disaster Relief Attorneys

September / October 2020: In this month’s edition  |   To Boldly (and Vulnerably) Go Where No Bar Has Gone Before by Heather Farnsworth  |  Update: Juvenile Court Probable Cause Determinations by The Honorable Steven K. Beck |  The Facts and Fictions of Prosecutorial Misconduct by Edward R. Montgomery  |  The Odds are Never In Your Favor:
Exceptions to the American Rule Against Attorney Fee Awards by Aaron S. Bartholomew and Sharon Yamen | and much more…

The Well-Being Committee for the Legal Profession (“WCLP”) is a coalition of lawyers, judges, law school representatives, and mental health and science professionals. Co-chaired by Justice Paige Petersen and attorney Cara Tangaro, the WCLP is committed to improving well-being for Utah’s legal practitioners and to offering information, resources, and actionable, evidence-based recommendations. To learn more and to access these resources, visit the WCLP’s newly launched website.