Rule 14-806 of the Rules Governing Admission to the Bar provides the rule regarding admission for attorneys licensed in other jurisdictions who are seeking pro hac vice admission. Pro hac vice admission must serve the interests of the parties and the efficient and just administration of the case.
Exemptions for Arbitration Practice
The Utah Authorization to Practice Rules exempt the requirement of pro hac vice admission for certain practices before arbitration proceedings. The following practices are excluded from the pro hac vice admission requirements:
- Pro bono representation on behalf of 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 $7,500 small claims jurisdictional limit (14-802(c)(6) and § 78-6-1(1)(a)(i)).
- Acting as a representative before an administrative tribunal as authorized by a tribunal or agency rule or practice.
- Serving in a neutral capacity as an arbitrator.
- Participating in arbitrations arising under collective bargaining rights or agreements or as otherwise allowed by law.
Utah’s Multijurisdictional Practice Rules (MJP) also exempt practice that is authorized by federal law or other law in Utah or arbitrations that arise out of, or relate to, the attorney’s home jurisdiction practice. However, attorneys must obtain pro hac vice admission for court annexed arbitrations.
Exemptions for Administrative Practice
The Utah Authorization to Practice Rules also exempt the pro hac vice admission requirements for certain practices before administrative agencies. Such practice includes acting as a representative before administrative tribunal or agencies as authorized by the tribunal or agency rule or practice. Utah’s Multijurisdictional Practice Rules (MJP) also exempt practice that is authorized by federal law or other law in Utah.
Attorneys must contact the administrative agency where they intend to represent a party to determine if pro hac vice admission is required. If required, the regular pro hac vice admissions process must be followed. According to the Utah State Bar, the following agencies required pro hac vice admission: The Utah Labor Commission (Adjudication Division and Anti-Discrimination Division); The Utah State Board of Oil and Gas Regulation; The Utah Department of Agriculture; and The Utah Department of Commerce.
Utah Pro Hac Vice
Eligible attorneys are not members of the Utah Bar but are admitted to practice in another state or in any court of the United States or territory or insular possession of the United States. Attorneys cannot be Utah residents.
Attorneys are required to associate with a local member of the Utah Bar who is a Utah resident. Local counsel must sign the first pleading filed, continue as one of the counsel of record unless another Utah Bar member is substituted, and be available to opposing counsel and the court for communications regarding the case and service of process.
The court may require local counsel to appear at all hearings, and local counsel has the responsibility and authority to act for the client in all proceedings if the nonresident attorney fails to appear or fails to respond to any court order.
Attorneys admitted pro hac vice are subject to the Utah statutes, rules, and the Utah Supreme Court. This includes the Rules of Professional Conduct and Lawyer Discipline and Disability. Attorneys are also subject to the local rules and the rules of the Utah Code of Judicial Administration.
Attorneys are required to Apply and submit the applicable fee.