Navigate
X

Utah House Counsel

Rule 14-719 of the Rules Governing Admission to the Bar allows attorneys to provide legal representation to his or her business employer.

Eligibility
Attorneys must establish by clear and convincing evidence that he or she meets the following requirements:

  • Be at least 21 years old.
  • Be licensed to practice law and be on active status in a state, territory of the United States, or the District of Columbia.
  • Either be a bona fide resident of Utah or maintain an office as the employer’s house counsel within Utah.
  • Be employed and practicing law exclusively as house counsel for a corporation, its subsidiaries or affiliates, an association, a business, or other legal entity whose lawful business consists of activities other than the practice of law or the provision of legal services.
  • Be of good moral character and satisfy the requirements of Rule 14-708 (Character and Fitness).

Practice
House attorneys must limit their practice only to the business of his or her employer. House attorneys cannot appear before a court of record as an attorney or counselor in Utah and cannot offer legal service, advice to the public, or hold himself or herself out as being so engaged or authorized, except as permitted under the Utah Multijurisdictional Practice Rule 5.5 of the Utah Rules of Professional Conduct.

House attorneys may provide services to an employer in Utah while the application is pending so long as the application is filed within six months of the out-of-state attorneys establishment of an office or residence in Utah.

House attorneys are subject to the Utah Rules of Professional Conduct (Chapter 14, Article 1), Integration and Management (Chapter 14, Article 5), Lawyer Discipline and Disability (Chapter 14, Article 7) Admissions, and all other rules and regulations governing the conduct and discipline of members of the Bar. Attorneys are also subject to professional discipline to the same extent as members of the Bar.

House counsel attorneys must file with the MCLE Board by July 31 of each year a Certificate of Compliance from the jurisdiction where the attorney maintains an active license establishing that he or she has completed the CLE hours required of active attorneys in that jurisdiction. House attorneys must also pay the applicable filing fee or the late filing fee 30 days past the deadline. Attorneys failing to meet this requirement may be subject to suspension and reinstatement.

House attorneys must file with the Licensing Office a written notice of any change in his or her membership status, good standing, or authorization to practice law in any jurisdiction where licensed. Attorneys are also required to execute and file with the Office of Professional Conduct a written notice of the commencement of all formal disciplinary proceedings and all final disciplinary actions taken in other jurisdictions.

Application and Certification
Attorneys must:

  • File an Application with the Bar and pay the applicable fee.
  • Provide an affidavit signed by both the attorney and the employer that the attorney is employed exclusively as house counsel and that the applicant has disclosed to the employer the limitations of the house counsel license of practicing law.
  • Present satisfactory proof of both admission to the practice of law and that he or she is a member in good standing in all jurisdictions where currently admitted.
  • File a certificate from the entity having authority over professional discipline for each jurisdiction where the applicant is licensed to practice that certifies that the applicant is not currently subject to lawyer discipline or the subject of a pending disciplinary matter.
  • Comply with the oath and enrollment provisions of Rule 14-716 and pay the licensing fees required for active status.

Applications may be filed at any time. The processing time is approximately 90 to 180 days. Upon approval, the applicant will be admitted in accordance with Rule 14-716(b).

House attorneys may qualify for full membership by establishing through clear and convincing evidence that the attorney meets the following requirements:

  • The attorney files a complete written request for a change of status with the Admissions Office in accordance with the filing deadlines set forth in Rule 14-707(b). The request for a change of status includes:
    • A Reapplication for Admission form updating the information provided in the original application, including payment of the prescribed application fee. If the original application for admission is more than two years old, a new Complete Application for admission must be filed.
    • A criminal background check dated no more than 180 days prior to the filing of the change of status request.
    • Satisfactory proof of both admission to the practice of law and that the attorney is a member in good standing in all jurisdictions where admitted.
    • A certificate from the entity having authority over professional discipline for each jurisdiction where the attorney is licensed to practice that certifies the attorney is not currently subject to lawyer discipline or the subject of a pending disciplinary matter.
  • Be of good moral character and satisfy the requirements of Rule 14-708 (Character and Fitness).
  • Successfully pass the bar exam (Rule 14-710).
  • Comply with the provisions of Rule 14-716 concerning licensing and enrollment fee.

Termination
A license terminates upon the following:

  • Termination of employment with the qualified employer. House attorneys must notify the Licensing Office in writing of the termination of the employment.
  • Termination of residence or failing to maintain an office in Utah.
  • Failing to maintain active status in another state, territory of the United States, or the District of Columbia or failure to satisfy the Utah Bar’s annual licensing requirements, which includes compliance with the CLE requirements.
  • Completion of any disciplinary proceeding in Utah or any other jurisdiction that warrants suspension or termination of the license.
  • If the attorney is admitted in Utah as an active member of the Bar. Attorneys seeking a new house counsel license after termination due to a disciplinary proceeding must file a new application. A new application must be filed if termination occurs due to employment termination, failure to reside or maintain an office in Utah, or failure to maintain active status for a period longer than six months.

For licenses terminated less than six months, the applicant may be reinstated if the attorney is able to demonstrate to the Admissions Office that he or she has:

  • Employment with a qualified employer and has provided the required verification of employment through the affidavit signed by the attorney and employer;
  • Establishes a residence in Utah or maintains an office for the practice of law as house counsel for the employer within Utah; and/or
  • Obtained active status in a state, territory of the United States, or the District of Columbia and has complied with the Bar’s annual licensing requirements for house counsel.