Joint Resolution Amending Rules Relating to the Practice of Law

8
Rule 14-102
1
Joint Resolution Amending Rules Relating to the Practice of Law
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel McCay
House Sponsor:
LONG TITLE
General Description:
This joint resolution amends rules relating to the practice of law.
Highlighted Provisions:
This resolution:
amends the Utah Code of Judicial Administration to address fees imposed by the Utah
Supreme Court with regard to the practice of law.
Other Special Clauses:
This resolution provides a special effective date.
Utah Code of Judicial Administration:
AMENDS:
Rule 14-102
, Utah Rules of Judicial Administration
Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
of the two houses voting in favor thereof:
As provided in Utah Constitution Article VIII, Section 4, the Legislature may amend rules of
procedure and evidence adopted by the Utah Supreme Court upon a two-thirds vote of all
members of both houses of the Legislature:
Section 1.
Rule 14-102
, Utah Rules of Judicial Administration is amended to read:
Rule 14-102
. Regulating the practice of law.
(a)
Vested authority.
(1) The
Supreme Court-by
Supreme Court, by
its constitutional
power-authorizes
power, authorizes
and designates the Bar to administer rules and regulations that govern the
practice of law in Utah, including regulating licensed paralegal practitioners. All persons
authorized to practice law in Utah must be licensed by the Bar in accordance with this chapter
and Chapter 15 of the Supreme Court Rules of Professional Practice.
(2) The Supreme Court recognizes a compelling state interest in using the Bar to assist
the Court in governing admission to the practice of law and improving the quality of legal
services in the state. The requirements imposed, the delegations made, and the authority
granted to the Bar provide the best ways to promote these compelling state interests and there
are no less restrictive alternatives available to achieve those results.
(3) The Supreme Court may only approve or impose a licensing fee on persons
authorized to practice law that is proportional to the costs and expenses incurred to admit and
license persons authorized to practice law, to discipline and disbar persons licensed to practice
law, and to propose rules related to the practice of law.
(4) Except as provided in paragraph (a)(5), the Supreme Court may not approve or
impose a fee on persons authorized to practice law, or use any amount of a licensing fee
described in paragraph (a)(3), to fund a service for persons licensed to practice law or a service
provided to the public.
(5) The Supreme Court may approve or impose a voluntary fee from persons authorized
to practice law to fund a service described in paragraph (a)(4).
(6) Any fee that is charged or collected under this rule shall:
(A) be reasonable and fair; and
(B) reflect and be based on all of the direct and indirect costs and expenses for:
(i) if the fee is a licensing fee, admitting and licensing persons authorized to
practice law, disciplining and disbarring persons licensed to practice law, and proposing rules
related to the practice of law; and
(ii) if the fee is for a service described in paragraph (a)(4), providing the service
for which the fee is charged.
(b)
Responsibilities of the Bar.
The Bar's purposes, duties, and responsibilities include:
(1) advancing the administration of justice according to law;
(2) aiding the courts in the administration of justice;
(3) regulating the admission of persons seeking to practice law;
(4) fostering and maintaining integrity, learning competence, public service, and high
standards of conduct among those practicing law;
(5) representing the Bar before legislative, administrative, and judicial bodies;
(6) preventing the unauthorized practice of law;
(7) promoting professionalism, competence, and excellence through continuing legal
education and other means;
(8) providing a service to the public, the judicial system, and Bar members;
(9) educating the public about the rule of law and responsibilities under the law; and
(10) assisting Bar members in improving the quality and efficiency of their practice.
(c)
Qualifications.
This chapter prescribes the qualifications, duties, and obligations of
lawyers, foreign legal consultants, and licensed paralegal practitioners licensed to practice law
in Utah. The Supreme Court is responsible for disciplining a Bar member or licensed paralegal
practitioner.
(d)
Licensure required.
Suspended or disbarred persons may not practice law in Utah or
hold themselves out as able to practice law in Utah. A person may only practice law in Utah if
that person is:
(1) a licensed lawyer and an active Bar member in good standing;
(2) an inactive member in good standing providing pro bono legal services for or on
behalf of a legal services organization approved by the Bar upon meeting certification and
performance standards, conditions, and rules established by the Board;
(3) a foreign legal consultant licensed by the Bar; or
(4) a licensed paralegal practitioner and an active licensee of the Bar in good standing.
Section 2.
Effective Date.
As provided in Utah Constitution, Article VIII, Section 4, this resolution takes effect
upon a two-thirds vote of all members elected to each house.