Focus on Ethics & Civility

• Citation: Vol. 37 No. 5 Pg. 43
• Publication year: 2024
• Pages: 43
• Year: 2024

Focus on Ethics & Civility Vol. 37 No. 5 Pg. 43 Utah Bar Journal September 2024

October 2024

The Multijurisdictional In-House Counsel

by Keith A. Call and MinJae Kim

You never planned to return to Utah when you left to attend law school in a coastal state. After practicing there for several years, you receive an offer to go in-house with a fast-growing Utah company. You are greatly relieved to learn that in Utah, because you are a lawyer admitted and in good standing in another United States jurisdiction, you are allowed to work as in-house counsel while your Utah Bar application is pending. But when your company's CEO begins asking you to advise on issues cropping up in other states, you feel somewhat uneasy that you may be engaging in unauthorized practice of law. Are you?

It depends. This article examines applicable rules and highlights valuable resources to help the Utah-based multijurisdictional lawyer steer clear of unauthorized practice of law.

Quick Reminder - In-House Counsel Must Register in Utah

If you are not currently licensed in Utah but will be practicing in Utah as in-house for a Utah company, you must apply for admission to the Utah Bar. See Utah Code § 78A-9-103(3); Utah Code Jud. Admin. R. 14-719. You may work as in-house counsel while that application is pending. Utah Rule of Professional Conduct 5.5(d) provides:

A lawyer admitted in another United States jurisdiction and not disbarred or suspended from practice in any jurisdiction may provide legal services through an office or other systematic and continuous presence in this jurisdiction without admission to the Utah State Bar if .. the services are provided to the lawyer's employer or its organizational affiliates...