There are five primary categories of licensure available to Utah
lawyers. There are also four categories of limited licensure. All
fees and categories are adopted by the Bar and approved by order
of the Utah Supreme Court.
Licensing Statuses
1. Active. A lawyer who is engaged in the practice of law must
be licensed on Active Status. The practice of law is the “representation
of the interests of another person by informing, counseling, advising,
assisting, advocating for or drafting documents for that person
through application of the law and associated legal principles
to that person’s facts and circumstances.” You must
pay the current active licensing fee plus the required annual Client
Security Fund assessment and you must satisfy continuing legal
education requirements. The current annual fee is $350. Rule
14-802(b)(1) (Authorization to Practice Law); Rule
14-101 et seq. (RIM); Rule
14-203 (Bylaws).
2. Active, Under Three. A lawyer on Active Status
who has taken the Student Bar Examination and was admitted on or
after July 1 of the third preceding year qualifies for a reduced
fee. (If you took the Attorney Bar Examination or were admitted
via reciprocity you do not qualify.) The annual licensing fees
are $190 plus the current Client Security Fund assessment. You
must also satisfy New Lawyer Continuing Legal Education requirements.
Rule 14-101 et seq. (RIM); Rule
14-203 (Bylaws); 14-401
et sq. (MCLE).
3. Active Emeritus. A lawyer who has been a member
of the Bar for 50 years or is 75 years old as of July 1 of the
current year qualifies for Emeritus Status and is not required
to pay a licensing fee or the Client Security Fund assessment.
If you are practicing law while on Emeritus Status, you are considered
Active Emeritus and must meet continuing legal education requirements.
Rule 14-101 et seq. (RIM); Rule 14-203 (Bylaws); Rule 14-401 et
seq. (MCLE).
4. Inactive. A lawyer on Inactive Status may
be considered to be in good standing but may not practice law in
the state of Utah and is not required to meet continuing legal
education requirements. The annual fee is $80. If you want to receive
the Utah Bar Journal and Casemaker, the fee is $120. To be placed
on Inactive Status, please indicate by paying the inactive fee
when renewing through the annual licensing form or by letter (Request
to be Placed on Inactive Status). You will not automatically receive
Inactive Status by not paying the annual licensing fee. If you
do not pay the licensing fee, you will be administratively suspended
for failure to renew. Rule 14-101 et seq. (RIM); Rule 14-203 (Bylaws).
5. Inactive Emeritus. A lawyer who has been a member of the Bar
for 50 years or is 75 years old as of July 1 of the current year
and who wishes to be on Inactive Status is not required to pay
a licensing fee, the Client Security Fund assessment or meet continuing
legal education requirements. Rule 14-101 et seq. (RIM); Rule 14-203
(Bylaws).
Limited Licenses
1. House Counsel - Current Status. A lawyer who qualifies and
is admitted and licensed as a House Counsel shall limit his or
her practice including legal representation only to the business
of his or her employers. House Counsel are not permitted to practice
law generally by appearing in court or offering legal services
or advice to the public. A House Counsel may be considered in Good
Standing. In order to remain on current status, you must pay the
current Active Status fee (but no fees for the Client Security
Fund). The current annual fee is $350. You also must satisfy your
primary licensing jurisdiction’s continuing legal education
requirements. Utah Rule of Admission 14-720.
2. Inactive Lawyers Providing Legal Services
for Legal Services Organizations. A lawyer who qualifies for this status may practice
law only in accordance with Supreme Court approved Rule 14-803.
See licensing category "#4 Inactive”, above for licensing
requirements.
3. Military Lawyers. A military lawyer licensed in another jurisdiction
and in good standing may qualify to practice law before the Utah
courts upon application and approval under Supreme Court approved
Rule 14-804. You must pay a $10 processing fee and your limited
license shall be terminated when you end active duty military service
in Utah or when you no longer meet the requirements to practice
under the applicable rule.
4. Foreign Legal Consultants. A person who is a member in good
standing of a recognized legal profession in a foreign country
who qualifies to obtain a limited license as a Foreign Legal Consultant,
may be admitted upon fulfilling all requirements set forth in Supreme
Court Approval Rule 14-805. Foreign Legal Consultants may only
practice law in accordance with Rule 14-805. Such persons shall
be subject to an annual renewal of their license along with payment
of current approved fees for Active Status members of the Bar.
Reinstatement, Resignation and Readmission
Lawyers should be aware of the process of reinstating their Bar
license after suspension, the availability of resignation from
the Bar, and the process of readmission to the Bar after resignation.
The following information does not apply to limited licenses which
have separate provisions.
Reinstatement after Suspension for Failure to Renew. A lawyer
whose license has been suspended for failing to pay any required
fees may be reinstated by paying the licensing fees at the Inactive
Status for each of the years suspended plus the current licensing
fee, the current Client Security Fund assessment and a $100 reinstatement
fee. RLDD 14-508; past inactive fees charged by policy.
Resignation from the Bar. If there are no disciplinary matters
outstanding or pending and he or she is not currently suspended
from the practice of law, a lawyer may resign from the Bar by submitting
a written notification of resignation. If there are disciplinary
matters outstanding or pending or he or she is currently suspended
from the practice of law, a lawyer may submit a written notification
of resignation, which will not be effective unless approved by
the Office of Professional Conduct. Section B.1(g)(1), Bar’s
Policies and Procedures.
Readmission to the Bar after Resignation without Discipline Pending.
A lawyer who resigned without discipline pending prior to September
15, 2003 and who wishes to be readmitted must file a verified petition
for readmission, addressed to the Bar Commission and filed with
the Executive Director, identifying the lawyer's name, age, past
and current residences and business address, all occupations during
the period subsequent to resignation and the reason for resignation.
The lawyer must also pay a $200 filing fee.
A lawyer who resigned
without discipline pending after September 15, 2003 and who wishes
to be readmitted must file an Application for Admission to the
Utah State Bar and be approved by the Character and Fitness Committee,
pay a $550 filing fee and comply with all other requirements for
admission. This process may take several months. Rule 14-717(a),
Rules Governing Admission; fees established by policy. Regardless of when the lawyer resigned, he or she must pay the Bar licensing fee, court enrollment fees, and retake the required oaths. Readmission is limited to three opportunities a year: October, February and May. Rule 14-716.
Readmission after Resignation with Discipline or Discipline Pending.
Please contact the Bar's Office of Professional Conduct and Office
of Admissions.
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