Rule 14-718. Licensing of
Foreign Legal Consultants.
(a) Requirements of Foreign Legal Consultants. The burden of proof is
on the Applicant to establish by clear and convincing evidence that she or he:
(a)(1) is a member in good standing of a recognized legal profession in
a foreign country, the members of which are admitted to practice as attorneys
or counselors at law or the equivalent and are subject to effective regulation
and discipline by a duly constituted professional body or a public authority;
and
(a)(2) has paid the prescribed fee and filed a Complete Application as
a Foreign Legal Consultant Applicant;
(a)(3) is of the good moral character and satisfies the requirements of
Rule 14-708;
(a)(4) intends to practice as a legal consultant in this state and to
maintain an office in this state for that purpose; and
(a)(5) has passed the MPRE.
(b) Proof required. An Applicant shall file with the Bar's Admissions
Office:
(b)(1) a certificate from the professional body or public authority in
such foreign county having final jurisdiction over professional discipline,
certifying as to the Applicant's admission to practice and the date, and as to
her or his good standing as such attorney or counselor at law or the
equivalent;
(b)(2) a duly authenticated English translation of such certificate, if
it is not in English; and
(b)(3) such other evidence as to the Applicant's educational and
professional qualifications, good moral character and general fitness, and
compliance with the requirements of this rule as the Bar may require.
(c) Reciprocal treatment of members of the Bar. In considering whether
to license an Applicant to practice as a Foreign Legal Consultant, the Bar may
in its discretion take into account whether a member of the Bar would have a
reasonable and practical opportunity to establish an office for the giving of
legal advice to clients in the Applicant's country of admission.
(d) Scope of practice. A person licensed to practice as a Foreign Legal
Consultant under this rule may render legal services in this state with respect
to the law of the foreign county in which such person is admitted to practice
law subject, however, to the limitations that she or he shall not violate any
provision of the Rule 14-802 and further specifically, shall not:
(d)(1) appear for a person other than herself or himself as attorney in
any court, or before any magistrate or other judicial officer, in Utah other
than upon qualified admission pro hac vice pursuant
to Rule 14-806; or
(d)(2) prepare any instrument effecting the transfer or registration of
title to real estate located in the United States; or
(d)(3) prepare any will or trust instrument effecting the disposition
on death of any property located in the United States and owned by a resident
of the United States or any instrument relating to the administration of a
decedent's estate in the United States; or
(d)(4) prepare any instrument in respect of the marital or parental
relations, rights or duties of a resident of the United States, or the custody
or care of the children of such a resident; or
(d)(5) render professional legal advice on the law of this state or of
the United States (whether rendered incident to the preparation of legal
instruments or otherwise) except on the basis of advice from a person duly
qualified and entitled to render professional legal advice in this state;
(d)(6) be, or in any way hold herself or himself out as a member of the
Bar; or
(d)(7) carry on her or his practice under, or utilize in connection
with such practice, any name, title or designation other than the following:
(d)(7)(A) her or his own name;
(d)(7)(B) the name of the law firm or other entity with which she or he
is affiliated, in each case only in conjunction with the title "Foreign
Legal Consultant" as set forth below;
(d)(7)(C) her or his authorized title in the foreign county of her or
his admission to practice, in each case only in conjunction with the title
"Foreign Legal Consultant" as set forth below; and
(d)(7)(D) the title "Foreign Legal Consultant", which shall
be used in conjunction with the words “admitted to the practice of law only in
[name of the foreign country or her or his admission to practice].”
(e) Rights and obligations. Subject to the limitations set forth in
paragraph (d), a person licensed as a Foreign Legal Consultant shall be
considered a lawyer affiliated with the Bar as permitted by this rule and shall
be entitled and subject to:
(e)(1) the rights and obligations set forth in the Utah Rules of
Professional Conduct or arising from the other conditions and requirements that
apply to a member of the Bar under rules adopted by the Supreme Court; and
(e)(2) the rights and obligations of a member of the Bar with respect
to:
(e)(2)(A) affiliation in the same law firm with one or more members of
the Bar by:
(e)(2)(A)(i) employing one or more members of
the Bar;
(e)(2)(A)(ii) being employed by one or more members of the Bar or by
any partnership, professional corporation or limited liability company which
includes members of the Bar or which maintains an office in this state; and
(e)(2)(A)(iii) being a partner in any partnership, shareholder in any
professional corporation or member in any limited liability company which
includes members of the Bar of this state or which maintains an office in this
state; and
(e)(2)(B) attorney-client privilege, work-product privilege and similar
professional privileges.
(f) Subject to disciplinary proceedings. A person licensed to practice
as a Foreign Legal Consultant shall be subject to professional discipline in
the same manner and to the same extent as members of the Bar and specifically
shall be subject to discipline by the Supreme Court as delegated by rule and
shall otherwise be governed by Chapter 13, the Utah Rules of Professional
Conduct, Chapter 14 Article 5, Lawyer Discipline and Disability and other applicable
rules adopted by the Supreme Court, and all applicable statutory provisions,
including mandatory continuing legal education requirements in the area of
ethics.
(g) Requirements for licensure. Every person licensed to practice as a
Foreign Legal Consultant:
(g)(1) prior to receiving a license to practice as a Foreign Legal
Consultant, shall attend the Bar’s OPC ethics school;
(g)(2) shall execute and file with the Bar, in such form and manner as
the Supreme Court may prescribe:
(g)(2)(A) her or his understanding of, and commitment to observe, the
Utah Rules of Professional Conduct and the other rules adopted by the Supreme
Court, and to the extent applicable to the legal services authorized under
paragraph (d) of this rule;
(g)(2)(B) appropriate evidence of professional liability insurance, in
such amount as the Supreme Court may prescribe, to assure her or his proper
professional conduct and responsibility;
(g)(2)(C) written notice of any change (and an undertaking to provide
written notice of any future change) in such person's good standing as a member
of the foreign legal profession referred to in paragraph (a)(1) of this rule
and of any final action of the professional body or public authority referred
to in paragraph (b)(1) of this rule imposing any disciplinary censure,
suspension, or other sanction upon such person; and
(g)(2)(D) a duly acknowledged instrument, in writing, setting forth her
or his address in this state, her or his address in the foreign country, and
designating the clerk of the Supreme Court as her or his agent upon whom
process may be served, with like effect as if served personally upon her or
him, in any action or proceeding thereafter brought against her or him and
arising out of or based upon any legal services rendered or offered to be
rendered by her or him within or to residents of this state, whenever after due
diligence service cannot be made upon her or him at such address or at such new
address in Utah as she or he shall have filed in the office of such clerk by
means of a duly acknowledged supplemental instrument in writing.
(g)(3) Service of process on the clerk of the Supreme Court, pursuant
to the designation filed as aforesaid, shall be made by personally delivering
to and leaving with the clerk of the Supreme Court, or with a deputy or
assistant authorized by such clerk to receive such service, at her or his
office, duplicate copies of such process together with a fee of $10. Service of
process shall be complete when such clerk has been so served.
(h) License fees. A person licensed as a Foreign Legal Consultant shall
pay annual license fees which shall be equal to the fees required to be paid by
a member of the Bar on Active status.
(i) Revocation of license. In the event that
a person licensed as a Foreign Legal Consultant no longer meets the
requirements for licensure set forth in paragraph (a), or has failed to meet
the obligations imposed by paragraph (g), her or his license shall be revoked
following the procedures set forth in Article 5, Lawyer Discipline and Disability,
and Article 6, Standards for Imposing Lawyer Sanctions.
(j) Admission to Bar. In the event that a person licensed as a Foreign
Legal Consultant is subsequently admitted as a member of the Bar under Article
7, Admission to the Utah State Bar, the license granted to such person shall be
deemed superseded by the license granted to such person to practice law as a
member of the Bar.