December 1, 2006 – There are potentially dozens of Utah businesses whose company attorney may be practicing law without a valid Utah license. “Some attorneys have moved here with their companies, others were recruited from out of state,” says Utah State Bar Deputy General Counsel for Admissions, Joni Dickson Seko. “The problem is, if they are caught practicing law in Utah without a license, they can face some stiff disciplinary action.”
In an effort to fix this potential problem, the Utah State Bar has recently announced the new rule of the Utah Supreme Court which creates a limited license for attorneys working inside Utah companies who are not licensed in Utah. To be eligible for a house counsel license an attorney does not have to take the Utah bar exam – but they must have a JD from an ABA-accredited law school, have an active license in another state, and maintain a residence or office in Utah. Their practice would be limited to providing legal representation to their employer and they would not be permitted to appear in Utah courts.
“What the Supreme Court has done is to provide these attorneys a limited license with the Bar that legitimizes their practice in the state,” Seko says. “It will also give the Bar some oversight and at the same time provides these attorneys access to Bar programs and services.”
Attorneys who are currently serving as in-house counsel for a Utah employer but are not licensed in the state have until November 1, 2007 to file an application with the Bar. If their application is received before the grace period ends, any prior legal activity will not be referred to the Unauthorized Practice of Law Committee and the attorney can continue to practice as house counsel for their employer while waiting for licensing approval. New house counsel entering the state have six months after establishing an office or residence to file an application. House counsel applications are available for download on the Utah State Bar website at www.utahbar.org/admissions.
“Unfortunately we have no way of knowing who these attorneys are until they are discovered practicing without a Utah license,” Seko said. “We are hoping to reach out to them and let them know about this opportunity so they can avoid compliance problems in the future.”