Rule 14-705. Admission by
Motion.
(a) Reciprocal admission. An Applicant is eligible to be admitted by
motion if the Applicant meets all the requirements of this rule. Admission by
Motion is not a right; the burden of proof is on the Applicant to establish by
clear and convincing evidence that she or he:
(a)(1) has paid the prescribed nonrefundable fee and filed the required
Complete Application as a Motion Applicant;
(a)(2) is at least 21 years old;
(a)(3) has been admitted by bar examination to practice law before the
highest court of a U.S. state, territory or the District of Columbia;
(a)(4) holds a First Professional Degree in law from an Approved Law
School;
(a)(5) has successfully passed the MPRE;
(a)(6) has demonstrated that the U.S. state, territory or the District
of Columbia that licenses the Applicant reciprocally allows the admission of
licensed Utah lawyers under terms and conditions similar to those set forth in
this rule;
(a)(7) has been Actively and lawfully engaged in the Full-time Practice
of Law as defined in Rule 14-701(b), (t) and (ee) in
one or more reciprocal jurisdictions where licensed for at least five of the
previous seven years immediately preceding the date of the filing of the
application for admission under this rule;
(a)(8) is a member in good standing in all jurisdictions where
currently admitted;
(a)(9) has a proven record of ethical, civil, and professional behavior
and has never been disbarred or resigned with discipline pending, or their
equivalent, in any jurisdiction and is not currently subject to lawyer
discipline or the subject of a pending disciplinary matter;
(a)(10) is of good moral character and satisfies the requirements of
Rule 14-708;
(b) Continuing legal education requirement. All Applicants admitted to
practice law pursuant to this rule shall complete and certify no later than six
months following the Applicant's admission that she or he has attended at least
15 hours of continuing legal education on Utah practice and procedure and
ethics requirements.
(b)(1) The Board may by regulation specify the number of the required
15 hours that must be in particular areas of practice, procedure, and ethics.
Included in this mandatory 15 hours is attendance at the Bar's OPC ethics school.
(c) Form and content of
application. The Board may require additional proof of any facts stated in the
application. In the event of the failure or the refusal of the Applicant to
furnish any information or proof, or to answer any inquiry of the Board
pertinent to the pending application, the Board may deny the application
without hearing.
(d) Timing of application and admission. An application may be filed at
any time but the Applicant must be able to demonstrate that she or he satisfies
the requirements of this rule as of the date the application is filed.
Processing of the application and the character and fitness investigation
require a minimum of four months to complete.
(d)(1) An Applicant not eligible for admission pursuant to this rule
may qualify for admission as an Attorney Applicant pursuant to Rule 14-704.
(d)(2) Upon approval the Applicant must comply with the provisions of Rule 14-716 concerning licensing and enrollment fees.