Rule 14-701. Definitions.

As used in this article:

(a) "ABA" means the American Bar Association;

(b) "Active Practice" means work performed by an attorney holding an “active” status law license and having professional experience and responsibilities involving the Full-time Practice of Law as defined in sections (t) and (ee). The Active Practice of law includes any combination of the following activities provided that such employment is available only to licensed attorneys and the activities are performed in the jurisdiction in which the Applicant is admitted or in a jurisdiction that affirmatively permits such activity by a licensed lawyer not admitted to practice in the jurisdiction where performed;

(b)(1) sole practitioner, or partner, shareholder, associate, or of counsel in a law firm;

(b)(2) an organization’s employee whose principal responsibility is to provide legal advice or service;

(b)(3) government employee whose principal duties are to provide legal advice or service;

(b)(4) service in the United States armed forces as a lawyer or judge;

(b)(5) judge of a court of general or appellate jurisdiction provided that such employment requires admission to the bar for the appointment thereto and for the performance of the duties thereof;

(b)(6) law clerk to a judge of a court of general or appellate jurisdiction; or

(b)(7) teaching full-time at an Approved Law School;

(b)(8) the Active Practice of law shall not include work that, as undertaken, constitutes the unauthorized practice of law in the jurisdiction in which it was performed or in the jurisdiction in which the clients receiving the unauthorized services were located, nor shall it include work completed in advance of any bar admission. Also, the hours in attendance at continuing legal education courses shall not count toward the Active Practice of Law;

(c) "Admissions Committee" means those Utah State Bar members or others appointed by the Board or president of the Bar who are charged with recommending standards and procedures for admission to the Bar and with implementation of this article. The Admissions Committee is responsible for supervising the work of the Bar Examiner Committee, the Test Accommodations Committee, and the Character and Fitness Committee, hearing appeals as provided herein and performing other work relating to the admission of Applicants;

(d) "Applicant" means each person requesting admission to the Bar. For purposes of this article, an Applicant is classified as a Student Applicant, a Foreign Law School Applicant, an Attorney Applicant, a Motion Applicant, a Foreign Legal Consultant Applicant, or a House Counsel Applicant.

(e) "Approved Law School" means a law school which is fully or provisionally approved by the ABA pursuant to its Standards and Rules of Procedure for Approval of Law Schools. To qualify as approved, the law school must have been fully or provisionally approved at the time of the Applicant's graduation, or at the time of the Applicant's enrollment, provided that the Applicant graduated within a typical and reasonable period of time;

(f) "Attorney Applicant" means any person who satisfies the requirements of Rule 14-704;

(g) "Bar" means the Utah State Bar, including its employees, committees and the Board;

(h) "Bar Examination" means the Bar Examination as defined in Rules 14-710 and 14-711 and includes the UBE, regardless of where the UBE was taken;

(i) "Bar Examiner Committee" means those Bar members or others appointed by the Board or president of the Bar who are charged with grading the Bar Examination;

(j) "Board" means the Board of Bar Commissioners;

(k) "Character and Fitness Committee" means those Bar members or others appointed by the Board or president of the Bar who are charged with assessing the character and fitness of Applicants and making determinations thereon;

(l) "Complete Application" means an application that includes all fees and necessary application forms, along with any required supporting documentation, character references, a criminal background check, a photo, an official certificate of law school graduation and if applicable, a test accommodation request with supporting medical documentation, a certificate of admission and/or good standing, and a certificate of discipline;

(m) "Confidential Information" is defined in Rule 14-720(a);

(n) "Deputy General Counsel for Admissions” or “Deputy General Counsel" are terms used interchangeably to mean the Bar's attorney in charge of admissions or her or his designee;

(o) "Disbarred Attorney Applicant" means a person who has previously been licensed to practice law in Utah and who is no longer licensed to practice law because of disbarment or resignation with discipline pending or their equivalent and who satisfies the requirements of Rule 14-708(g) and 14-717;

(p) "Executive Director" means the executive director of the Utah State Bar or her or his designee;

(q) “First Professional Degree” means a degree that prepares the holder for admission to the practice of law (e.g. juris doctorate) by emphasizing competency skills along with theory and analysis. An advanced, focused, or honorary degree in law is not recognized as a First Professional Degree (e.g. master of laws or doctor of laws);

(r) "Foreign Law School" means any school located outside of the United States and its protectorates, that is accredited by that jurisdiction's legal accreditation body, if one exists, and whose graduates are otherwise permitted by that jurisdiction's highest court to practice law;

(s) “Foreign Legal Consultant Applicant” means any Applicant who satisfies the requirements of Rule 14-718;

(t) “Full-time Practice” means the Active and lawful Practice of Law for no fewer than 1000 hours per year. Time spent on administrative or managerial duties, continuing legal education, or client development and marketing does not qualify as part of the required 1000 hours of legal work;

(u) "General Counsel" means the General Counsel of the Utah State Bar or her or his designee;

(v) “House Counsel Applicant” means any Applicant who satisfies the requirements of Rule 14-719;

(w) "Inactive " means an attorney’s law license is held in “inactive status” or an equivalent term;

(x) "MBE" means the Multistate Bar Examination prepared by the NCBE;

(y) "MEE" means the Multistate Essay Examination prepared by the NCBE;

(z) "Motion Applicant" means any person who satisfies the requirements of Rule 14-705;

(aa) "MPRE" means the Multistate Professional Responsibility Examination prepared by the NCBE;

(bb) "MPT" means the Multistate Performance Test prepared by the NCBE;

(cc) "NCBE" means the National Conference of Bar Examiners, an organization that develops, maintains, and applies reasonable and uniform standards of bar examination education and testing;

(dd) "OPC" means the Bar’s Office of Professional Conduct;

(ee) “Practice of Law” means employment available only to licensed attorneys where the primary duty of the position is to provide legal service representation. The Practice of Law includes such activities as furnishing legal counsel, drafting documents and pleadings, interpreting and giving advice with respect to the law, and preparing, trying or presenting cases before courts or administrative agencies. The Practice of Law is a term of art and though no broad rule can precisely define the Practice of Law, it constitutes more than merely working with legally-related matters;

(ff) "Privileged Information" in this article includes: information subject to the attorney-client privilege, attorney work product, test materials and applications of examinees; correspondence and written decisions of the Board, Admissions Committee, Bar Examiner Committee, Character and Fitness Committee, and Test Accommodations Committee; and the identity of individuals participating in the drafting, reviewing, grading and scoring of the Bar Examination;

(gg) “Reapplication for Admission” means that for two years after the filing of an original application, an Applicant may reapply by completing a Reapplication for Admission form updating any information that has changed since the prior application was filed and submitting a new criminal background check;

(hh) "Student Applicant" means any person who satisfies the requirements of Rule 14-703(a);

(ii) "Supreme Court" means the Utah Supreme Court;

(jj) “Test Accommodations Committee” means those Bar members or others appointed by the Board or president of the Bar who are charged with the review of requests from Applicants seeking to take the Bar Examination with test accommodations and who make determinations thereon;

(kk) “Unapproved Law School” means a law school that is not fully or provisionally approved by the ABA. For an Unapproved Law School’s graduates to be eligible for admission, the law school must be accredited in the jurisdiction where it exists, provide legal education that is the substantial equivalent of the legal education provided by an Approved Law School, and not be based on correspondence or internet study;

(ll) “UBE” means the Uniform Bar Examination as prepared by the NCBE;

(mm) "Updated Application" means that an Applicant is required to amend and update her or his application on an ongoing basis and correct any information that has changed since the application was filed; and

(nn) "Written Component" means that portion of the Bar Examination that consists of MEE and MPT questions.