Rule 14-804 of the Rules Governing Admission to the Bar allows military attorneys to practice law in Utah.
Eligibility
Military attorneys must be admitted to the practice of law in another state, territory of the United States, or the District of Columbia and be of good moral character. Military attorneys are also required to be full-time active duty military officers serving in the Office of a Staff Judge Advocate of the United States Army, Air Force, Navy, Marines, or Coast Guard, a Naval Legal Service Office or a Trial Service Office, located in Utah.
Practice
Military attorneys may appear as a lawyer and practice law before Utah courts in any civil matter, civil litigation, or civil administrative proceeding.
Military attorneys admitted pursuant to this rule may represent active duty military personnel in enlisted grades E-1 through E-4 and their dependents, who are under substantial financial hardship, in non-criminal matters to the extent such representation is permitted by the supervisory Staff Judge Advocate or Commanding Officer of the Naval Legal Service Office or the Commanding Officer of the Trial Service Office. Military attorneys may also engage in such other preparatory activity as is necessary for any matter where the military attorney is involved. Other active duty military personnel and their dependents may be represented if expressly approved in writing by the Service Judge Advocate General or his or her designee.
Military attorneys are subject to the Utah Rules of Professional Conduct, Lawyer Discipline and Disability, and all other applicable laws and rules governing lawyers admitted to the Utah Bar.
Military attorneys cannot represent themselves to be members of the Utah Bar and cannot represent that they are licensed to generally practice law in Utah. Military attorneys also cannot demand or receive compensation from clients in addition to their military pay.
Application and Certification
Attorneys must file an Application and must:
- Present satisfactory proof of admission to the practice of law and current good standing as a member of the licensing bar in any state or territory of the United States or the District of Columbia.
- Pay the $10 processing fee.
Termination
The privilege to practice terminates when the military attorney ends active duty military services in Utah. The military attorney and his or her supervisory Staff Judge Advocate or Commanding Officer are responsible for advising the Utah Bar and the Utah Supreme Court of any change in status of the lawyer that may affect his or her privilege to practice law under the military rules.
The Utah Supreme Court may terminate the privilege to practice at any time with or without cause.