Utah State Bar June eBulletin
Regulatory Reform is Coming--Make Sure You're Part of the Process
Last week, Justice Deno Himonas and past president John Lund urged the Bar Commission to take a position on the proposed regulatory reforms immediately. They referenced the California Bar Commission and the Arizona Bar Commission endorsing the proposals floating around in those states, and kindly saying to us: Get on the stick!

We have reached out to Bar members, Bar committees and Bar sections and associated entities to request the leadership of these various groups to specifically contact their members about the reform effort. (See the next article.) We have been a bit disappointed in the response and in the level of awareness of Bar members about the regulatory reform initiative. We need your input to aid the court in its ongoing deliberations.

We are still within the 90 day comment period allowed by the Court on this issue. I have scheduled this topic as an agenda item for the June 5th Commission meeting, but even if we wait until the July Commission meeting, we’ll still be within the 90 comment period allowed by the Court.

I urge all Utah attorneys to  read the task force report  and to  comment publicly  on this critical issue. It is important for your voice to be heard before the commission makes a decision on these critical reforms. Additionally, let me know your thoughts via  email

We are facing a critical time in the legal profession. Issues that have been percolating for years are coming to a head. It is important for your voice to be heard as the Commission considers these critical reforms. Diploma privilege, access to justice, and changing regulations are issues that will affect generations of lawyers. Help us by giving your input as we craft plans to ensure we are able to meet the challenges ahead. 


And another, even more crucial issue: This last weekend our nation and our own communities experienced protests re: social justice after the death of George Floyd in Minnesota. As members of the Bar, we uniformly condemn the vicious use of unjustified force which this event represents throughout the country. We heartily support and endorse the right of people to assemble, to protest and to express frustration over any and all issues, as embedded in the Constitution. At the same time, we decry the violation of law and destruction of property. The rule of law means the elevation of law – not its disregard. Perhaps the Bar's own Nate Alder, current president of the National Council of Bar Presidents, said it best: "We believe in and are governed by the rule of law. No one is above the law." Nate's full statement is worth a read .

We mourn with those marginalized people in our broader community when law is abused, and we plead with people of all persuasions to respect individual life - and peaceful expressions of dissent. Both individually and as a community, we are entitled to be safe in our lives and our possessions. Law must be the mechanism whereby these precious liberties are protected. Law is the answer, when coupled with thoughtful, peaceful dialogue between all segments of our community. We can come together; we must come together to preserve the fabric of order and decency for our nation, for our communities, and for ourselves. 
Online Renewal Process Begins June 8 with 90-Day Late Fee Extension
The annual online licensing renewal process will begin the week of  June 8, 2020 , at which time you will receive an email outlining the renewal instructions. This email will be sent to your email address of record.  You may email  licensing@utahbar.org or call 801-297-7023 if you have any questions or need technical support.

Online renewals and fees must be submitted by July 1 and will be late November 1. Your license will be suspended unless the online renewal is completed and payment received by December 1. 

This one-time extension by 90 days of the deadlines for the assessment of late fees and suspension for non-payment is for this licensing year only.
Bar President Requests Input on Regulatory Reform
Dear Bar Member,

On Friday, April 24, 2020, the Utah Supreme Court published its long-awaited proposal to reform the practice of law in Utah.
Please review the information provided by the Utah Supreme Court, including the Court Order that will establish the Court’s Innovation Office to operate a regulatory sandbox, where non-lawyers and businesses can submit proposals to provide legal services without being members of the Utah State Bar. The Utah Supreme Court has also compiled a  FAQ page  and a  fact summary  for your convenience.
The proposed changes will, for example, permit certain approved companies to develop software, technology and other businesses to provide legal services without a law license, subject to approval by the regulator outlined by the Utah Supreme Court. 
I am writing to solicit your help and input as to the proposed regulations, which the Supreme Court calls the “largest reforms” to the “legal profession in a generation.” 

The Utah State Bar is soliciting input from membership as to how members of the Utah State Bar feel about these proposed changes. We need your response by May 31, 2020. Email your thoughts to   reformfeedback@utahbar.org.

The Utah State Bar Commission will be evaluating the proposals in deciding whether to take a position for the proposed changes, against the proposed changes, or to remain neutral or to provide constructive feedback to the Court.

Accordingly, your input will be incredibly valuable as the Utah State Bar Commission and leadership attempt to gather and represent the thoughts of its membership. 

You can also comment on the proposed rules directly. The public comment period ends July 23.


Herm Olsen
Live CLE Requirement Suspended for 2020 and '21: Cycles
2020 CLE Compliance Reporting Period
On March 12, 2020, the Supreme Court authorized the Supreme Court Board of Continuing Legal Education “the Board” to suspend the traditional live in-person credit requirement for lawyers reporting in 2020, allowing all required CLE to be fulfilled with online self-study with audio or video presentations, webcasts or computer interactive telephonic programs for the compliance period ending June 30, 2020.

On April 13, 2020, due to the ongoing COVID-19 virus, the cancellation of in-person CLE courses, and the uncertainty as to when in-person courses may resume, the Supreme Court authorized the Board to extend compliance deadlines for the compliance period ending June 30, 2020.  Lawyers will have through September 1, 2020 to complete required CLE hours without paying late filing fees and will have through September 15, 2020 to file Certificate of Compliance reports without paying late filing fees.

2021 CLE Compliance Reporting Period
On April 13, 2020, the Supreme Court authorized the Board to suspend the traditional live in-person credit requirement for lawyers reporting in 2021, allowing all required CLE to be fulfilled with online self-study with audio or video presentations, webcasts or computer interactive telephonic programs for the compliance period ending June 30, 2021. 

Should you have any questions or concerns regarding this announcement, please contact Sydnie Kuhre, MCLE Board Director at  sydnie.kuhre@utahbar.org  or 801-297-7035.
Accordingly, Bar members may complete all required hours through webinars and other self-study courses in accordance with Rule 14-413 of the MCLE Rules for the 2020 and 2021 cycles. Should you have any questions or concerns regarding this announcement, please email the MCLE Staff or call 801.531.9077.

Please note: The 2020 Compliance Reporting Period Extension does not apply to the 2021 Compliance Reporting Period.
Lawyer Well-Being: How to Identify with Your Values During Turbulent Times
Taking time to reflect on our own values orients our attention toward helping others, while improving our own well-being, performance and ability to manage stress.

Find out more in this month's episode of the Well-Being Byte brought to you by the Lawyer Well-Being Committee.
Now is a Great Time to Take Advantage of Pro Bono Opportunities
Utah Attorneys,

The Covid-19 outbreak has disrupted all of our lives – financially, socially, and mentally. 

As we each adjust out schedules in these uncommon times, I would humbly recommend making pro bono a part of your life. Research has found that taking time to focus on others can bring great peace and satisfaction, especially during periods of unrest.  

In an effort to make volunteering easier, the Bar has set up a new  virtual clinic  that allows attorney to provide brief advice to clients from the comfort of their homes (or offices). This clinic will take the place of the Tuesday Night Bar during the social distancing period. 

I encourage you to take a moment to sign up. The commitment is minimal, and you will be providing a great benefit to the community in need. Just as important, you will benefit personally from using your skills to serve others.  


Rob Jepson,
Access to Justice Director

Sign up here:  Virtual Clinic Sign-Up .
Holy Cross Ministries Names New Director of Immigration Programs, Senior Attorney
Holy Cross Ministries (HCM) has appointed Lorina Tester, who recently joined the non-profit organization as Director of Immigration Programs, Senior Attorney.

In this role, Tester will lead HCM’s Legal Immigration Program, which operates Utah's first and largest U visa program and also provides support for humanitarian and temporary status applicants, family reunification assistance and citizenship services.

Tester brings a wealth of knowledge to HCM as an accomplished attorney with 20 years of experience in U.S. immigration law. In 2003, she moved to Utah from a law firm in New York City to serve as Associate General Counsel at the University of Utah, where she centralized and managed all immigration and compliance matters for the university and its affiliated medical school. Tester established her own law firm in 2010, focusing on business immigration. She is an active member of the American Immigration Lawyers Association (AILA), having served as Chapter Chair and on the AILA Board of Governors. 

"I'm excited to be at Holy Cross Ministries," Tester said. "Nonprofits have always been my true love."

Tester says she recognizes that the services HCM provides Utah’s underserved community are invaluable. "This is where I am needed and where I can really make a difference,” she said.

"Tester’s global interest, development experience, passion and commitment to making a difference make her an excellent fit for the organization," HCM CEO Emmie Gardner said . “Her experience and vision will help Holy Cross Ministries move into the future in a strategic, compassionate and successful way."
Bar Creates New Online Marketplace to Supplement Beneplace Offerings
The Utah State Bar has organized a new marketplace consisting of offers from vendors offering services to Bar members at special rates. These vendors offer a variety of services designed to help you in your practice, all at discounted rates available only to preferred customers. If you have questions, visit the marketplace or email David Clark.