Admission for Attorney

by Pro Hac Vice

 

About PRO HAC VICE and Utah’s Electronic Filing Services

*Please note; as of May 1 2019 the rules and fees regarding Pro Hac Vice have changed. The following link will outline the changes.


WHAT DO I NEED?


PLAN AHEAD

The “Acknowledgement of Supporting Documentation and Receipt of Filing Fee” (“Acknowledgement”) is not a simple receipt evidencing that you have merely paid the necessary fee. The materials you are required to submit must be complete, accurate, and up-to-date. If not, the application will be rejected and the “Acknowledgement” will be not be issued. Please allow sufficient time to process your application.  Once all appropriate paperwork is received, an Acknowledgement Receipt is issued within five (5) to seven (7) working days.


WHAT GETS FILED WHERE AND WHEN?

  • In order to process your application, the Bar needs: (1) a copy of the motion that you will be filing with the court; (2) the original signed and notarized application; (3) the original certificate(s) of good standing (issued within 60 days of the date of application); and (4) a check in the proper amount ($425.00 per applicant, per case (effective May 1 2019)) made payable to the Utah State Bar. Fee exemptions are available for certain and limited circumstances; see “Additional Information” below. Please send these materials to:
 Utah State Bar
 Attn: Pro Hac Vice
645 South 200 East
Salt Lake City, UT 84111
  • If your documents are in proper order (e.g., correct amount of fee, applicant not suspended from the practice of law, etc.) and complete, the Bar will issue an Acknowledgement which can be picked up at the Bar offices or will be mailed to local sponsoring counsel unless otherwise requested.
  • Sponsoring Local Counsel should then file with the court (or adjudicative body): (1) an original motion with attached copies of the application (a copy, not the original form) and certificate of good standing (a copy, not the original); (2) the original Acknowledgement; and (3) an original proposed order.

ADDITIONAL INFORMATION

A separate application must be submitted for each attorney seeking admission in a case. For example, if a firm’s senior attorney and two associates are to be listed on the pleadings after admission, each must file a separate application (and submit separate fees).
Certificates of good standing can take several weeks to obtain from your state licensing entity. We need a current (within 60 days) original certificate from the licensing state in which the applicant resides; certificates from federal or “specialty” courts (such as Tax Court) or voluntary bar associations are not acceptable.  The certificate must be issued by the state entity that is responsible for lawyer licensing and discipline.

Motions
 must be signed by a sponsoring Utah attorney in good standing. Until an out-of-state licensed applicant is admitted, she or he is not permitted to sign pleadings.


Sponsoring Local Counsel. If you need to locate a local sponsoring attorney who is on active status and in good standing (and who also resides in Utah), you may want to search:  (1) the Bar’s membership database at www.licensedlawyer.org. (2) Utah law firms registered with www.martindale.com.  Utah has eight judicial districts in which your case can be heard. Click here for a map of Utah reflecting these judicial district court boundaries.

Board Fees: Rule 14-806 of the Utah Supreme Court’s Rules of Professional Practice in the Utah Code of Judicial Administration requires a $425.00 fee per pro hac vice applicant per case. If you have a class action lawsuit or multiple-related cases which will be consolidated, please contact the Bar’s General Counsel. Fee exemptions are available for: (1) attorneys who are employees of and representing the United States of America or any of its departments or agencies; and (2) attorneys representing indigent clients on a pro bono basis. (For the latter category, click here for an affidavit which the applicant needs to complete, sign, have signature notarized and attach to original application.)

Rule 14-806 of the Utah Supreme Court’s Rules of Professional Practice in the Utah Code of Judicial Administration does not permit pro hac vice appearances by attorneys licensed elsewhere, but who reside in the State of Utah. The rule also does not permit Utah licensed attorneys who reside out of state to sponsor other out-of-state licensed attorneys.

Annual Registration and fee Required

As of May 1, 2019, Rule 14-806(n) requires lawyers admitted pro hac vice in Utah to pay an annual fee of $425 on or before the anniversary month of the filing of the lawyer’s initial pro hac vice application with the Bar.  Failure to renew may result suspension of pro hac vice admission and a $50 late fee for renewal.

In order to renew, the lawyer must submit a new application with a current certificate of good standing along with the required $425 fee. Please submit the renewal application to:

Utah State Bar
Attn: Pro Hac Vice
645 South 200 East
Salt Lake City, UT 84111

*For cases that have concluded, an attorney must give the Bar notice by submitting a copy of the final adjudication or notice of withdrawal from the matter. This notice should be sent to: counselasst@utahbar.org. Please put “Pro Hac Vice” in the subject line.

Please contact Brady Whitehead, Assistant to General Counsel at 801-297-7057 or by e-mail at counselasst@utahbar.org with any questions you may have and we will be happy to assist you.

PROCEEDINGS IN FEDERAL DISTRICT AND U.S. BANKRUPTCY COURTS

The U.S. District Court in Utah and the U.S. Bankruptcy Court for Utah have their own requirements governing pro hac vice appearances; please contact them at:

U.S. District Court of Utah
(801) 524-6100
www.utd.uscourts.gov
U.S. Bankruptcy Court
(801) 524-6566
www.utb.uscourts.gov