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PRO HAC VICE INSTRUCTIONS AND INFORMATION

Utahbar.org is moving! The Utah State Bar Website will be moving to a new home this spring. The open house starts March 15, 2003. Come see it at http://silk.utahbar.org and update your bookmarks. We hope to go live on Monday April 8th, 2013

Pro Hac Vice Fee Increase from $175 to $250 effective July 1, 2010
See Attached

NEW! Frequently Asked Questions About PRO HAC VICE and Utah’s Electronic Filing Services

*NOTE: Please go directly to the “Arbitration Proceedings” section below if you intend to participate in an arbitration proceeding rather than a Utah district court case in order to determine: (1) if you need to apply for pro hac vice admission; and (2) if so, for copies of the application forms and instructions. Also, please see the “Administrative Proceedings” section below if you intend to participate in a state agency administrative adjudication.

WHAT DO I NEED?

  • An application form (see link below)
  • A certificate of good standing (see “Additional Information” below)
  • A motion (see link below for sample)
  • A proposed order (see link below for sample)
  • A Utah sponsoring attorney (see “Additional Information” below)
  • A check in the correct amount (see “Additional Information” below)
  • An Acknowledgement of Supporting Documentation and Receipt of Filing Fee (see “Plan Ahead” section below)

PLAN AHEAD – The Receipt is not Intended to Merely Evidence Payment of the Fee.

The "Acknowledgement of Supporting Documentation and Receipt of Filing Fee" is not a simple receipt evidencing that you have merely paid the necessary fee. The materials you are required to submit must be complete, accurate, and up-to-date. If not, the application will be rejected and the “Acknowledgement of Supporting Documentation and Receipt of Filing Fee” will be not be issued. Please allow 7-10 business days to process your application. Expedited service is not available for pro hac vice applications. They are processed on a first come first served basis.

WHAT GETS FILED WHERE AND WHEN?

  • In order to process your application and issue an Acknowledgement of Supporting Documentation and Receipt of Filing Fee, the Bar needs: (1) a copy of your signed motion; (2) the original signed and notarized application; (3) the original certificate of good standing (issued within 60 days of the date of application); and (4) a check in the proper amount ($250.00 per applicant, per case) made payable to the Utah State Bar. Fee exemptions are available for certain and limited circumstances; see "Additional Information" below. Please send these materials to:

Utah State Bar
645 South 200 East
Salt Lake City, UT 84111
Attn: Pro Hac Vice

  • If your documents are in proper order (e.g., correct amount of fee, applicant not suspended from the practice of law, etc.) and complete, the Bar will issue an Acknowledgement of Supporting Documentation and Receipt of Filing Fee which can be picked up at the Bar offices or will be mailed to local sponsoring counsel unless otherwise requested.

  • Counsel should then file with the court (or adjudicative body): (1) the original motion with attached copies of the application (a copy, not the original form) and certificate of good standing (a copy, not the original); (2) the original Acknowledgement of Supporting Documentation and Receipt of Filing Fee; and (3) an original proposed order.

ADDITIONAL INFORMATION

A separate application must be submitted for each attorney seeking admission in a case. For example, if a firm’s senior attorney and two associates are to be listed on the pleadings after admission, each must file a separate application (and submit an additional fee).

Certificates of good standing can take several weeks to obtain from either your state bar association or your state court of highest jurisdiction. We need a current (within 60 days) original certificate from your primary (underlying) state of licensure; certificates from federal or “specialty” courts or voluntary bar associations are not acceptable.

Motions must be signed by a sponsoring Utah attorney in good standing. Until an out-of-state licensed applicant is admitted, she or he is not permitted to sign pleadings.

If you need to locate a local sponsoring attorney who is on active status and in good standing (and who also resides in Utah), you may want to search: (1) Utah law firms registered with www.martindale.com or (2) the Bar’s membership database at www.utahbar.org. Utah has eight judicial districts in which your case can be heard. Click here for a map of Utah reflecting these judicial district court boundaries.

Rule 14-806 of the Utah Supreme Court’s Rules of Professional Practice in the Utah Code of Judicial Administration requires a $250.00 fee per pro hac vice applicant per case. If you have a class action lawsuit or multiple-related cases which will be consolidated, please contact the Bar’s General Counsel. Effective April 1, 2006 and pursuant to subsection (d)(1) and (d)(2) of Rule 14-806, fee exemptions by rule are available for: (1) attorneys who are employees of and representing the United States of America or any of its departments or agencies; and (2) attorneys representing indigent clients on a pro bono basis. (For the latter category, click here for an affidavit which the applicant needs to complete, sign, have signature notarized and attach to original application.)

Rule 14-806 of the Utah Supreme Court’s Rules of Professional Practice in the Utah Code of Judicial Administration does not permit pro hac vice appearances by attorneys licensed elsewhere, but who reside in the State of Utah. The rule also does not permit Utah licensed attorneys who reside out of state to sponsor other out-of-state licensed attorneys.

CLICK HERE TO ACCESS RULE 14-806

CLICK HERE FOR A COPY OF THE APPLICATION

CLICK HERE FOR A SAMPLE MOTION AND ORDER

*The sample Motion and Order require Adobe Acrobat Reader.
Click here to download Adobe Acrobat Reader

SUMMARY OF WHEN ARBITRATION PROCEEDING PRO HAC VICE ADMISSION IS UNNECESSARY

Representing without compensation a natural person or legal entity as an employee representative of that entity in an arbitration proceeding, where the amount in controversy does not exceed the jurisdictional limit of the small claims court set by the Utah Legislature. Authorization to Practice Law Rule (c)(6). See also Utah Code §78-6-1(1)(a)(i) ($7500).

Acting as a representative before administrative tribunals or agencies as authorized by tribunal or agency rule or practice. Authorization to Practice Law Rule (c)(8).

Serving in a neutral capacity as an arbitrator. Authorization to Practice Law Rule (c)(9).

Participating in arbitrations arising under collective bargaining rights or agreements or as otherwise allowed by law. Authorization to Practice Law Rule (c)(10).

Providing services that the lawyer is authorized to provide by federal law or other law of this jurisdiction. Rule 5.5 (Multijurisdictional Practice) of Utah Rules of Professional Conduct.

ARBITRATION PROCEEDINGS

Several rules govern whether it is necessary for out-of-state licensed lawyers to apply for pro hac vice admittance in arbitration proceedings to be conducted here. Links to these various rules follow below. Please review these rules to determine if you need to apply for pro hac vice admission. Rule 5.5 (Utah Rules of Professional Conduct) subsection (a) states that “a lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction or assist another in doing so.” The rule then sets forth various provisions and comments addressing alternative dispute resolution mechanisms such as arbitration.

Rule 5.5 must be read in conjunction with Rule 14-802 (Authorization to Practice Law) in the Utah Supreme Court Rules of Professional Practice. That rule governs what constitutes the practice of law in Utah and contains a number of exceptions to the general rule. The comment to subsection (b)(2)(B) of Rule 14-802 makes it clear that arbitration proceedings are characterized as “[T]ribunals…that render judgments or opinions involving a person’s interests.” and thus, participation constitutes the practice of law in Utah. Subsection (c)(8) makes an exception for those acting as a representative before administrative tribunals or agencies as authorized by tribunal or agency rule or practice. An example would be NASD and SEC proceedings. Subsection (c)(9) provides an exception for those serving in a neutral capacity as the arbitrator. For participating, i.e., representing the interests of a third party, in nearly all other arbitration proceedings, an out-of-state lawyer must apply to the Bar for pro hac vice admittance.

The pro hac vice process has been appropriately modified for those out of state lawyers appearing in arbitration proceedings. For instance, neither a Utah licensed sponsoring counsel nor a motion nor order are required. Other requirements under the pro hac vice rule, however, including, but not limited to, the standard fee and a current certificate of good standing still remain.

CLICK HERE FOR A COPY OF THE ARBITRATION APPLICATION AND ACCOMPANYING INSTRUCTIONS

CLICK HERE FOR RULE 5.5 (UTAH RULES OF PROFESSIONAL CONDUCT)

CLICK HERE FOR RULE 14-802 (AUTHORIZATION TO PRACTICE LAW)

ADMINISTRATIVE PROCEEDINGS

Rule 14-802 (Authorization to Practice Law) subsection (c)(8) states that “whether or not it constitutes the practice of law, the following activity….is permitted: acting as a representative before administrative tribunals or agencies as authorized by tribunal or agency rule or practice” (see link above). Rule 5.5 (Unauthorized Practice of Law; Multijurisdictional Practice of Law) of the Utah Rules of Professional Conduct, subsection (d)(2) states that: “A lawyer admitted in another United States jurisdiction and not disbarred or suspended from practice in any jurisdiction may provide legal services in this jurisdiction that are services that the lawyer is authorized to provide by federal law or other law of this jurisdiction” (see link above).

Out-of-state lawyers who intend to represent a party in an administrative adjudicative proceeding must contact that entity to determine whether pro hac vice admission is necessary. If so, the regular process must be followed at the beginning of this set of instructions. Insofar as the Utah State Bar is aware, the following state entities require compliance with Rule 14-806 (Pro Hac Vice): (1) The Utah Labor Commission (Adjudication Division & Anti-Discrimination Division); (2) The Utah State Board of Oil and Gas Regulation; (3) Utah Department of Agriculture; and (4) Utah Department of Commerce.

PROCEEDINGS IN FEDERAL DISTRICT AND U.S. BANKRUPTCY COURTS

The U.S. District Court in Utah and the U.S. Bankruptcy Court for Utah have their own requirements governing pro hac vice appearances; please contact them at:

U.S. District Court of Utah
(801) 524-6100
www.utd.uscourts.gov
U.S. Bankruptcy Court
(801) 524-6566
www.utb.uscourts.gov

Please contact Rebecca Keller, Assistant to General Counsel at 801-297-7057 or by e-mail at counselasst@utahbar.org with any questions you may have and we will be happy to assist you.


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