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.