Rule 14-404. Active status lawyers: MCLE, NLTP and admission on motion requirements.
(a) Active status lawyers. Commencing with calendar year 2009, each lawyer admitted to practice in Utah shall complete, during each two fiscal year period (July 1 through June 30), a minimum of 24 hours of accredited CLE which shall include a minimum of three hours of accredited ethics or professional responsibility. One of the three hours of ethics or professional responsibility shall be in the area of professionalism and civility. Lawyers on inactive status are not subject to the requirements of this rule, including NLTP requirements.
(a)(1) Lawyers on active status who reside in Utah and who are subject to the NLTP under Rule 14-808 must complete the NLTP requirements within a 12 month period after admission to the Bar.
(a)(2) A new lawyer or mentor who successfully completes the requirements of the Model Mentoring Plan or an approved plan shall receive up to three hours of ethic or professional responsibility credit.
(b) Adjustment to compliance periods. Commencing with 2009, MCLE compliance periods will comport with the Bar’s licensing renewal periods.
(b)(1) Each lawyer who complies on the even year compliance period, for the first reporting cycle only, is required to complete the mandatory CLE hours by June 30, 2010. The CLE requirement will be reduced to 18 hours of accredited CLE which shall include a minimum of 2 hours of accredited ethics or professional responsibility. One of the hours of ethics or professional responsibility shall be in the area of professionalism and civility.
(b)(2) Commencing with July 1, 2010, each lawyer shall complete during each two fiscal year period a minimum of 24 hours of accredited CLE.
(b)(3) Commencing with January 1, 2010, each lawyer who complies on the odd year compliance period, for the first reporting cycle only, is required to complete the mandatory CLE hours by June 30, 2011. The CLE requirement will be reduced to 18 hours of accredited CLE which shall include a minimum of 2 hours of accredited ethics or professional responsibility. One of the hours of ethics or professional responsibility shall be in the area of professionalism and civility.
(b)(4) Commencing with July 1, 2011, each lawyer shall complete during each two fiscal year period a minimum of 24 hours of accredited CLE.
(c) NLTP. A lawyer who is obligated to and who successfully does fulfill the requirements of the NLTP shall be deemed to have satisfied 12 accredited MCLE hours for the reporting period ending June 30 of the second complete year following the lawyer’s year of admission to the Bar. Twelve additional MCLE hours must also be completed under this rule.
(d) Admission on motion lawyers. A lawyer who fulfills the requirements by admission on motion as prescribed in Rule 14-705 shall be deemed to have satisfied the accredited MCLE requirements of this rule for the reporting cycle ending June 30 of the second complete fiscal year following the lawyer’s year of admission. In addition, the lawyer must complete and certify no later than six months following the lawyer’s admission that he or she has attended at least 15 hours of accredited CLE hours on Utah practice and procedure and ethics requirements as follows.
(d)(1) Nine credit hours must be comprised of accredited CLE courses.
(d)(2) Six credit hours must be comprised of the professional ethics course presented in OPC’s ethics school.
(d)(3) Twelve of the 15 hours may be completed through self-study through the Bar’s online CLE system. The above 15 hours will apply towards the 24 hours required per two-year compliance period. The Board of Bar Commissioners may specify the number of the required 15 hours that must be in particular areas of practice, procedure and ethics.
(e) Out-of-state CLE activities. CLE credit may be awarded for out-of-state activities that the Board determines meet certain standards in furthering a lawyer’s legal education. The Board shall determine whether to accredit the activities and, if so, the number of hours of credit to allow for such activities. Out-of-state activities cannot substitute for the 15 mandatory CLE hours described in paragraph (c) and Rules14-705(d)(2) and 14-705(d)(3).
(f) Activities that may be regarded as equivalent to state-sponsored CLE may include, but are not limited to, viewing of approved CLE audio and video presentations, writing and publishing an article in a legal periodical, part-time teaching in an approved law school, or delivering a paper or speech on a professional subject at a meeting primarily attended by lawyers, legal assistants, or law school students.
(g) A lawyer’s application for accreditation of a CLE activity must be submitted in writing to the Board if the activity has not been previously approved for CLE credit in Utah.
Rule 14-405. MCLE requirements for lawyers on inactive status.
(a) No requirement. Lawyers on inactive status are not subject to MCLE requirements while on inactive status.
(b) Return to active status. A lawyer on inactive status who returns to active status shall complete the MCLE requirement of 24 hours by June 30 of the year following the lawyer’s return to active status. Lawyers on inactive status may comply with MCLE requirements and use that CLE credit to satisfy this requirement.
Rule 14-406. MCLE requirements for lawyers on active military duty.
(a) Waiver. Lawyers who are serving or called to federal active military duty during any portion of a compliance period shall have his or her MCLE requirements waived for that particular compliance period.
(b) Statement of compliance. Each lawyer serving or called to federal active military duty shall file with the Board a statement of compliance providing verification of the date the lawyer was called to federal active military duty. The statement of compliance will be due by July 31 following the year for which the report is due.
Rule 14-407. MCLE requirements for lawyers on active emeritus status.
(a) Lawyers on active emeritus status shall comply with MCLE requirements by participation in 12 hours of CLE.
(b) Alternative. In the alternative, lawyers on active emeritus status may work in conjunction with another Utah lawyer on active status in lieu of complying with the requirement of 12 hours of CLE. Lawyers on active emeritus status who elect to work in conjunction with another Utah lawyer on active status in lieu of complying with 12 hours of CLE, shall file with the Board by July 31, following the year for which the report is due, a signed statement verifying that he or she has complied with the requirements of this rule.
Rule 14-408.Credit hour defined; application for approval.
(a) An hour of accredited CLE means 60 minutes in a one-hour period in attendance at an accredited CLE program.
(b) A lawyer or a sponsoring agency applying for approval of a CLE activity or program shall submit to the Board all the necessary information required under this article.
Rule 14-409. Self-study categories of accredited MCLE defined.
(a) Lecturing and teaching; panel discussions. Lawyers who lecture in an accredited CLE program shall receive credit for three hours for each hour spent lecturing. No lecturing or teaching credit is available for participation in a panel discussion.
(b) Final published course schedule. The Board shall determine the number of accredited CLE hours available for a program based on the final published course schedule.
(c) Equivalent CLE credit for certain self-study activities. The Board shall allow equivalent credit for such activities as, in the Board’s determination, further the purpose of this article and qualify for equivalency. Such equivalent activities may include, but are not limited to, viewing of approved CLE audio and video presentations, computer interactive telephonic programs, writing and publishing an article in a legal periodical, part-time teaching by a lawyer in an 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. The number of hours of credit to be allowed for such activities and the procedures for obtaining such equivalent credit may be determined specifically in particular instances by the Board.
Rule 14-410. Accreditation of MCLE; undue hardship and special accreditation.
(a) Accredited CLE activities provided by this article shall:
(a)(1) have as their primary objective to increase lawyers’ professional competency;
(a)(2) be comprised of subject matter directly related to the practice of law; and
(a)(3) comply with the specific requirements set forth in this article with respect to each activity.
(b) The Board shall assign an appropriate number of credit hours to each accredited CLE activity.
(c) Ethics and professional responsibility courses. All courses or components of courses offered to fulfill the ethics and professional responsibility requirement under 14-404(a) must be specifically accredited by the Board.
(d) Undue hardship; special accreditation. Formal instruction or educational seminars which meet the requirements of paragraph (a) lend themselves well to the fulfillment of the educational requirement imposed by this article and will be readily accredited by the Board. It is not intended that compliance with this article will impose any undue hardship upon any lawyer by virtue of the fact that the lawyer may find it difficult because of health or other special reasons to attend such activities. In addition to accrediting formal instruction at centralized locations, the Board in its discretion may accredit such educational activities including, but not limited to, audio and video presentations, teaching, preparation of articles and other meritorious learning experiences as provided in this article.
Rule 14-411. Board accreditation of non-approved sponsor courses.
The Board in its discretion may accredit CLE courses or activities offered by non-approved sponsors if they meet the following standards.
(a) The course must be of intellectual or practical content and, where appropriate, should include an ethics or professional responsibility component.
(b) The course or activity must contribute directly to a lawyer’s professional competence or skills, or the lawyer’s professional ethical obligations.
(c) Course or activity leaders or lecturers must have the necessary practical or academic skills to conduct the course effectively.
(d) Prior to or during the course or activity, each attendee must be provided with written course materials of a quality and quantity which indicate that adequate time has been devoted to preparation and further reflect that they will be of value to lawyers in their practice of the law. One-hour courses or activities meet this requirement by providing an outline of the course or activity’s content.
(e) The course or activity must be presented in an appropriate setting.
(f) During courses or activities presented by means of video or audio, film, simultaneous broadcast or other such systems or devices, there should be an opportunity to ask questions of course faculty or other qualified commentators.
(g) The course or activity must be made available to lawyers throughout the state unless the sponsor demonstrates to the satisfaction of the Board that there is good reason to limit availability.
(h) A sponsor or attendee must submit to all reasonable requests for information related to the course or activity.
(i) A sponsor or attendee must submit a written request for accreditation on an approved form within 60 days prior to or following the course or activity. Sponsors who wish to advertise a course or activity as being accredited must submit a request for approval at least 60 days prior to the event.
Rule 14-412. Presumptively approved sponsors; presumptive MCLE accreditation.
(a) The Board may designate an individual or organization as a presumptively approved sponsor of accredited CLE courses or activities if they meet the following standards.
(a)(1) The sponsor shall be either an approved law school or an organization engaged in CLE which, during the three years immediately preceding its application, has sponsored at least six separate courses which comply with the requirements for individual course accreditation under Rule 14-411. Status as a presumptively approved sponsor shall be subject to periodic review.
(a)(2) Within 60 days prior to offering a course, the sponsor shall indicate on a Board-approved form that the course satisfies the provisions of Rule 14-411. Each course shall be accredited as long as the sponsor has presumptive approval.
(a)(3) The sponsor shall submit related information within 60 days following the presentation of a course, including the registration list in an approved format, a copy of the brochure describing the course, a description of the method or manner of presentation of course materials, and, if specifically requested by the Board, a set of course materials.
(a)(4) The sponsor shall make its courses available to all lawyers throughout the state, unless it can demonstrate to the satisfaction of the Board that there is good reason to limit the availability.
(a)(5) The sponsor shall submit to all reasonable requests for information and comply with this article.
(b) Denial of presumptively approved sponsor status. Notwithstanding a sponsor’s compliance with paragraphs (a)(1) through (a)(5), the Board may deny designation as a presumptively approved sponsor if the Board finds there is just cause for such denial.
(c) Revocation of presumptive approval. Presumptive approval of a sponsor shall entitle courses offered by that sponsor to accreditation until such time that the Board determines that the sponsor is not entitled to presumptive approval. The Board may audit any sponsor having presumptive approval and may revoke the presumptive approval if it determines that the sponsor is offering, as accredited, courses which do not satisfy the standards established under Rule 14-411.
(d) Presumptive MCLE accreditation. The Board may establish a list of those entities that have CLE requirements and accreditation standards which are consistent with those of the Board. Courses which are accredited by those entities on the list shall be entitled to presumptive accreditation. The Board may review and revise the list at any time in its discretion.
Rule 14-413. MCLE credit for qualified audio and video presentations; computer interactive telephonic programs; writing; lecturing; teaching; live attendance.
(a) Credit will be allowed for self-study with Board accredited audio and video presentations or computer interactive telephonic programs in accordance with the following.
(a)(1) One hour of credit will be allowed for viewing and/or listening to 60 minutes of audio or video presentations or computer interactive telephonic programs in accordance with Rule 14-408(a).
(a)(2) No more than 12 hours of credit may be obtained through self-study with audio or video presentations or computer interactive telephonic programs.
(b) Credit will be allowed for writing and publishing an article in a legal periodical in accordance with the following.
(b)(1) To be eligible for any credit, an article must:
(b)(1)(A) be written to address a lawyer audience;
(b)(1)(B) be at least 3,000 words in length;
(b)(1)(C) be published by a recognized publisher of legal material; and
(b)(1)(D) not be used in conjunction with a seminar.
(b)(2) Three credit hours will be allowed for each 3,000 words in the article. An application for accreditation of the article must be submitted at least 60 days prior to reporting the activity for credit. Two or more authors may share credit obtained pursuant to this paragraph in proportion to their contribution to the article. No more than 12 hours of credit may be obtained through writing and publishing an article or articles.
(c) Credit will be allowed for lecturing in an accredited CLE program and part-time teaching by a lawyer in an 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 in accordance with the following.
(c)(1) Lecturers in an accredited CLE program and part-time teachers may receive three hours of credit for each hour spent in lecturing or teaching as provided in Rule 14-408(a).
(c)(2) No lecturing or teaching credit is available for participation in a panel discussion.
(c)(3) No more than 12 hours of credit may be obtained through lecturing and part-time teaching.
(d) Credit will be allowed for lecturing and teaching by full-time law school faculty members in accordance with the following.
(d)(1) Full-time law school faculty members may receive credit for lecturing and teaching but only for lecturing and teaching accredited CLE courses.
(d)(2) No lecturing or teaching credit is available for participation in panel discussions.
(d)(3) No more than 12 hours of credit may be obtained through lecturing and teaching by full-time law school faculty members.
(e) Credit will be allowed for attendance at an accredited CLE program in accordance with the following.
(e)(1) Credit is allowed for attendance at an accredited CLE program in accordance with Rule 14-408(a).
(e)(2) There is no restriction on the percentage of the credit hour requirement which may be obtained through attendance at an accredited CLE program. However, a minimum of 12 hours must be obtained through attendance at live CLE programs.
(f) The total of all hours allowable under paragraphs (a), (b), (c), and (d) of this rule may not exceed 12 hours during a reporting period.
(g) No credit is allowed for self-study programs except as expressly permitted under paragraph (a).
Rule 14-414. Certificate of compliance; filing, late, and reinstatement fees; suspension; reinstatement.
(a) Certificate of compliance. On or before July 31 of alternate years, each lawyer subject to MCLE requirements shall file a certificate of compliance with the Board, in such form as the Board shall prescribe, evidencing the lawyer’s completion of accredited CLE courses or activities ending the preceding 30th day of June. The certificate of compliance shall include the title of programs attended, or the audio or video presentation, the computer interactive telephonic program viewed or listened to, the sponsoring entity, the number of hours in actual attendance at each program, or the number of hours of such audio or video presentation, and other information as the Board shall require.
(b) Filing fees, late fees and reinstatement fees.
(b)(1) Each lawyer shall pay a filing fee in the amount of $15 at the time of filing the certificate of compliance under paragraph (a).
(b)(2) Any lawyer who fails to complete the MCLE requirement by the June 30 deadline shall be assessed a $100 late fee.
(b)(3) Lawyers who fail to comply with the MCLE requirements and file within a reasonable time, as determined by the Board in its discretion, and who are subject to an administrative suspension pursuant to Rule 14-415, after the late fee has been assessed shall be assessed a $200 reinstatement fee plus an additional $500 fee if the failure to comply is a repeat violation within the past 5 years.
(c) Maintaining proof of compliance. Each lawyer shall maintain proof to substantiate the information provided on the certificate of compliance which has been filed. The proof may contain, but is not limited to, certificates of completion or attendance from sponsors, certificates from course leaders, or materials related to credit. The lawyer shall retain this proof for a period of four years from the end of the period for which the Certificate of Compliance is filed. Proof shall be submitted to the Board upon written request.
(d) Failure to provide proof of compliance; rebuttable presumption. Failure by the lawyer to produce proof of compliance within 15 days after written request by the Board constitutes a rebuttable presumption that the lawyer has not complied with the MCLE requirements for the applicable time period.
(e) Verification period. The Board may, at any time within four years after the certificate of compliance has been filed, commence verification proceedings to determine a lawyer’s compliance with this article.
Rule 14-415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals.
(a) Exceptions. Rule 14-415 does not apply to a lawyer who is required under Rule 14-808 to complete NLTP requirements in a timely manner and fails to do so.
(b) Failure to comply; petition for suspension. A lawyer who fails to comply with reporting provisions of Rule 14-414 shall be assessed a late fee . A lawyer who fails to comply with Rule 14-414 or who files a certificate of compliance showing that he or she has failed to complete the required number of hours of MCLE shall be notified that unless all requirements are completed and reported within 30 days, a petition for the lawyer’s suspension from the practice of law will be submitted to the Supreme Court.
(b)(1) The lawyer shall be given the opportunity during the 30-day period to file an affidavit with the Board, disclosing facts demonstrating that the lawyer’s noncompliance was not willful and tendering such documents, which, if accepted, would cure the delinquency. A hearing before the Board shall be granted if requested.
(b)(2) If, after a hearing, or a failure to cure the delinquency by satisfactory affidavit and compliance, the lawyer is suspended by the Supreme Court, the lawyer shall be notified by certified mail, return receipt requested.
(c) Reinstatement. A lawyer suspended by the Supreme Court under the provisions of this rule may be reinstated by the Court upon motion of the Board showing that the lawyer has cured the delinquency for which the lawyer has been suspended. If a lawyer has been suspended by the Supreme Court for non-compliance with this article, the lawyer must then comply with all applicable rules to be eligible to return to active or inactive status.
(d) Waivers and extensions of time. For good cause shown, the Board may, in its discretion in cases involving hardship or extenuating circumstances, grant waivers of the minimum MCLE requirements or extensions of time within which to fulfill the requirements.
(e) Deferrals. The Board may in its discretion defer MCLE requirements in the event of the lawyer’s serious illness.
(f) Petition to appeal. Any lawyer who is aggrieved by any decision of the Board under this rule may, within 30 days from the date of the notice of decision, appeal to the Board by filing a petition setting forth the decision and the relief sought along with the factual and legal basis. Unless a petition is filed, the Board’s decision shall be final.
(f)(1) The Board may approve a petition without hearing, or may set a date for hearing. If the Board determines to hold a hearing, the lawyer shall be given at least 10 days notice of the time and place set for the hearing. Testimony taken at the hearing shall be under oath. The Board shall enter written findings of fact, conclusions of law and the decision on each petition. A copy shall be sent by certified mail, return receipt requested, to the lawyer.
(f)(2) The Board may grant the petitioner an extension of time within which to comply with this rule as the Board considers appropriate.
(f)(3) Decisions of the Board, other than a denial of a request for a waiver or a recommendation of suspension of lawyer’s license to practice, are final and are not subject to further contest.
(g) Appeal to Supreme Court. A decision denying a request for waiver or a decision to suspend the lawyer is final under paragraph (e)(3) unless within 30 days after service of the findings of fact, conclusions of law and decision, the lawyer files a written notice of appeal with the Supreme Court.
(g)(1) Transcripts. To perfect an appeal to the Supreme Court, if testimony was taken before the Board, the lawyer shall, at the lawyer’s expense, obtain a transcript of the proceedings from the Board. The Board shall certify that the transcript contains a fair and accurate report of the proceedings. The Board shall prepare and certify a transcript of all orders and other documents pertinent to the proceeding before it, and file these promptly with the clerk of the Supreme Court. The matter shall be heard by the Supreme Court under this article and other applicable rules.
(g)(2) The time set forth in this article for filing notices of appeal are jurisdictional. The Board or the Supreme Court, as to appeals pending before each such body may, for good cause shown either extend the time for the filing or certification of any material or dismiss the appeal for failure to prosecute.
Rule 14-416. Lawyers on active status not practicing law; certificate of exemption.
A lawyer on active status who is not engaged in the practice of law in Utah may, upon application to the Board, be granted a waiver of the MCLE requirements of Rule 14-404 and obtain a certificate of exemption.
Rule 14-417. Miscellaneous fees and expenses.
(a) All fees under this article shall be deposited in a special account of the Board and used to defray the costs of administering this article.
(b) A lawyer shall pay an administrative fee of $25 for preparation and mailing of Certificates of CLE compliance to other MCLE states, for filing of Reciprocal Certificates for lawyers admitted on Motion to the Utah State Bar, for filing of House Counsel Certificates of Compliance from the jurisdiction where the House Counsel maintains an active license, or for lawyers on active status who are not engaged in the practice of law in Utah and request a Certificate of Exemption. The Board may establish other fees to defer administrative costs related to requests for accreditation with Supreme Court approval.
(c) Members of the Board shall not be compensated, but shall be reimbursed for reasonable and necessary expenses incurred by them in the performance of their duties under this article.
(d) All CLE sponsors who offer any course for a fee shall pay to the Board, within 60 days of presenting the course, a fee of $1.50 per credit hour per attendee. The $1.50 per credit hour fee will cap at $15 per attendee.
(e) Any lawyer who is required by this article to apply to the Board for any special accreditation or approval of an educational activity shall pay a fee of $10 at the time of application.
(f) Any lawyer subject to NLTP requirements shall pay a separate and additional fee of $300 to the Bar as specified in the NLTP Manual.