practice rule (Utah) · Go Syfert
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practice rule in Utah

5 Utah opinions name it 2 courts 1992–2024 1 in the last five years

The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
In Re Petition of Gobelmangreen
utah · 2001 · cited in 2 Utah opinions naming this issue, 2012–2024
2 sentences

2024But if the lawyers who have supervised an applicant for years have enough confidence in her __________________________________________________________ 56 This also helps to distinguish Labrum’s case from the petitioner in In re Gobelman, 2001 UT 72 , 31 P.3d 535 , distinguished on other grounds by In re Anthony, 2010 UT 3 , who was denied a waiver of the practice requirement because his “legally oriented” work as a court administrator did not persuade us of his competence.

2024But if the lawyers who have supervised an applicant for years have enough confidence in her __________________________________________________________ 56 This also helps to distinguish Labrum’s case from the petitioner in In re Gobelman, 2001 UT 72 , 31 P.3d 535 , distinguished on other grounds by In re Anthony, 2010 UT 3 , who was denied a waiver of the practice requirement because his “legally oriented” work as a court administrator did not persuade us of his competence.

12
State v. Hoffgreen
utah · 1991 · cited in 2 Utah opinions naming this issue, 1992–1993
2 sentences

1993Because the Gibbons decision "was indeed intended to change both the practice and the standard for taking guilty pleas," id., the court held that it would not be applied retroactively to guilty pleas taken before Gibbons was issued.

1993Because the Gibbons decision “was indeed intended to change both the practice and the standard for taking guilty pleas,” id., the court held that it would not be applied retroactively to guilty pleas taken before Gibbons was issued.

12
Kelly v. Utah State Bargreen
utah · 2017 · cited in 1 Utah opinions naming this issue, 2024–2024
1 sentence

2024Spencer v. Utah State Bar, 2012 UT 92, ¶ 17 , 293 P.3d 360 . ¶82 Accordingly, we examine each rule at issue and evaluate whether Labrum has “demonstrate[d] by clear and convincing evidence that the purpose of a particular rule contemplated for waiver has been satisfied.” Kelly, 2017 UT 6, ¶ 10 (emphasis added). ¶83 While we address each rule separately, we agree with the majority that the Unapproved Law School rule and the practice rule work hand in hand.

11
In re Stormontgreen
kan · 1986 · cited in 1 Utah opinions naming this issue, 2012–2012
2 sentences

2012See supra ¶ 13; see also In re Stormont, 238 Kan. 627 , 712 P.2d 1279, 1281 (1986) (concluding that the active practice requirement protects a state's "valid interest in admitting individuals to the bar who have an acceptable level of professional ethics and knowledge," which is served by requiring those who do not meet the practice requirement to take the state's bar examination). .

2012See supra ¶ 13; see also In re Stormont, 238 Kan. 627 , 712 P.2d 1279, 1281 (1986) (concluding that the active practice requirement protects a state's "valid interest in admitting individuals to the bar who have an acceptable level of professional ethics and knowledge," which is served by requiring those who do not meet the practice requirement to take the state's bar examination). .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
In the Matter of Petition of Anthony green
utah · 2010
2 sentences

2024But if the lawyers who have supervised an applicant for years have enough confidence in her __________________________________________________________ 56 This also helps to distinguish Labrum’s case from the petitioner in In re Gobelman, 2001 UT 72 , 31 P.3d 535 , distinguished on other grounds by In re Anthony, 2010 UT 3 , who was denied a waiver of the practice requirement because his “legally oriented” work as a court administrator did not persuade us of his competence.

2024Labrum Has Not Shown by Clear and Convincing Evidence that She Satisfies the Purpose of the Unapproved Law School Rule, Which Is to Ensure that Applicants Have Received a Minimally Sufficient Legal Education ¶86 In 2011, following our decision in In re Anthony, 2010 UT 3 , 225 P.3d 198 , we amended the rules to add a path to licensure for applicants who did not graduate from an Approved Law School.

12024–2024
Spencer v. Utah State Bar green
utah · 2012
2 sentences

2024Spencer v. Utah State Bar, 2012 UT 92, ¶ 17 , 293 P.3d 360 . ¶82 Accordingly, we examine each rule at issue and evaluate whether Labrum has “demonstrate[d] by clear and convincing evidence that the purpose of a particular rule contemplated for waiver has been satisfied.” Kelly, 2017 UT 6, ¶ 10 (emphasis added). ¶83 While we address each rule separately, we agree with the majority that the Unapproved Law School rule and the practice rule work hand in hand.

2024Spencer v. Utah State Bar, 2012 UT 92, ¶ 17 , 293 P.3d 360 . ¶82 Accordingly, we examine each rule at issue and evaluate whether Labrum has “demonstrate[d] by clear and convincing evidence that the purpose of a particular rule contemplated for waiver has been satisfied.” Kelly, 2017 UT 6, ¶ 10 (emphasis added). ¶83 While we address each rule separately, we agree with the majority that the Unapproved Law School rule and the practice rule work hand in hand.

12024–2024
Labrum v. Utah State Bar green
utah · 2024
2 sentences

2024Technically, Labrum has not filed an application to take the bar exam since becoming a licensed attorney, but we interpret her request for denial from the Bar in November 2022 as “the application” for purposes of determining how long she was practicing “immediately preceding the filing of the application.” Id. 30 Cite as: 2024 UT 24 HAGEN, J., dissenting waiver, she had less than two years of law-related work experience since becoming licensed in 2021. ¶72 Even if Labrum met the other requirements of the practice rule, the fact that she has less than two of the ten required years of experience

2024We first address whether she has met the purpose of the Unapproved Law School rule and then turn to whether she has met the purpose of the practice rule. 34 Cite as: 2024 UT 24 HAGEN, J., dissenting 1.

12024–2024
Hodgson v. Bunzl Utah, Inc. green
utah · 1992
1 sentence

1994Hodgson, 844 P.2d at 334 .

11994–1994

Where else courts name it

NY 27 (1862–2026) CA 26 (1969–2024) TX 15 (1914–2015) WA 11 (1891–2016) MI 11 (1908–2018) MA 10 (1913–2015) GA 10 (1910–2013) IL 9 (1895–2005) OK 8 (1915–2012) MS 8 (1975–2005) NJ 8 (1911–2008) PA 7 (1906–2026) IN 7 (1872–2015) FL 7 (1929–1998) NE 7 (1895–2024) MD 6 (1974–2007) OH 6 (1941–2026) MO 6 (1871–2020) WI 6 (1986–2021) CO 6 (1880–2024) AL 5 (1902–2011) TN 5 (1878–2003) MN 5 (1927–2016) KS 5 (1890–2020) VT 5 (1933–2023) UT 5 (1992–2024) DC 5 (1984–2010) IA 5 (1870–1964) LA 3 (2006–2010) OR 3 (1946–2013) NM 2 (1924–1981) KY 2 (1935–1937) VA 2 (1887–1986) CT 2 (2001–2004) MT 2 (1979–1981) AZ 2 (1991–2020) AR 2 (1912–2007) DE 2 (1951–1965)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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