Utah Sup. Ct. R. Prof'l. Prac. 5.5

As amended through December 18, 2024
Rule 5.5 - Unauthorized Practice of Law; Multijurisdictional Practice of Law
(a) A licensed paralegal practitioner shall not provide legal services in a jurisdiction or in a manner that is in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.
(b) A licensed paralegal practitioner who is not admitted to provide legal services in this jurisdiction shall not:
(1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the purpose of providing legal services; or
(2) hold out to the public or otherwise represent that the licensed paralegal practitioner is admitted to practice law or otherwise provide legal services in this jurisdiction.

Utah. Sup. Ct. R. Prof'l. Prac. 5.5

Adopted September 4, 2018, effective 11/1/2018.

Comment

[1] A licensed paralegal practitioner may provide legal services only in a jurisdiction in which the licensed paralegal practitioner is authorized to provide such services. A licensed paralegal practitioner may be admitted to provide legal services in a jurisdiction on a regular basis or may be authorized by court rule or order or by law to practice for a limited purpose or on a restricted basis. Paragraph (a) applies to unauthorized practice of law by a licensed paralegal practitioner, whether through the licensed paralegal practitioner's direct action or by the licensed paralegal practitioner's assisting another person. For example, a licensed paralegal practitioner may not assist a person in practicing law in violation of the rules governing professional conduct in that person's jurisdiction.

[2] The definition of the practice of law is established by law and varies from one jurisdiction to another. The "practice of law" in Utah is defined in Rule 14-802(b)(1), Authorization to Practice Law, of the Supreme Court Rules of Professional Practice.

[2a]-[3] Reserved.

[4] Other than as authorized by law or this rule, a licensed paralegal practitioner who is not admitted to practice generally in this jurisdiction violates paragraph (b)(1) if the licensed paralegal practitioner establishes an office or other systematic and continuous presence in this jurisdiction for the purpose of providing legal services. Presence may be systematic and continuous even if the licensed paralegal practitioner is not physically present here. Such a licensed paralegal practitioner must not hold out to the public or otherwise represent that he or she is admitted to practice law in this jurisdiction or is otherwise allowed to provide legal services. See also Rules 7.1(a) and 7.5(b). .

[5]-[21] Reserved