Rule
14-801. Definitions.
As used in this article:
(a) “active status”
means a Bar licensing category as defined by Rule 14-203(a) and Rule 14-802,
and the Bar’s rules, regulations and policies;
(b) "approved
legal services organization" means a Utah not-for-profit legal services
organization which is approved by the Bar as set forth herein. A legal services
organization seeking approval from the Bar shall file a petition with the Bar,
attaching copies of its Articles of Incorporation and Bylaws, if any, and
certifying that it is a not-for-profit organization, reciting with specificity:
(b)(1) the
structure of the organization and whether it accepts funds from its clients;
(b)(2) the major
sources of funds used by the organization;
(b)(3) the criteria
used to determine potential clients' eligibility for legal services performed
by the organization;
(b)(4) the types of
legal and nonlegal service performed by the
organization;
(b)(5) the names of
all members of the Bar who are employed by the organization or who regularly
perform legal work for the organization; and
(b)(6) the
existence and extent of malpractice insurance which will cover the volunteer
attorneys with such documentation being updated on an annual basis;
(c) "attorney
applicant" means a lawyer applicant as defined by the Rule 14-701;
(d) "Bar" means the Utah State
Bar;
(e) “CLE” means MCLE accredited continuing
legal education;
(f) “inactive status” means a Bar licensing
category as defined by Rule 14-203(a), Rule 14-802, and the Bar’s rules,
regulations and policies;
(g) “MCLE” means Mandatory Continuing Legal
Education as set forth in Rule 14-401 et seq.;
(h) “Mentoring Completion Certification”
means the certification form in the NLTP appendix of forms.
(i) “NLTP” means
the Bar’s New Lawyer Training Program as set forth in Rule 14-808;
(j) "OPC" means the Bar's Office
of Professional Conduct;
(k) "supervising
attorney" means an active member of the Bar who generally supervises a
volunteer attorney. The supervising attorney must:
(k)(1) be employed
by an approved legal services organization;
(k)(2) assume professional responsibility as
contemplated by Rule 5.1 of the Utah Rules of Professional Conduct for
supervising the conduct of any litigation, administrative proceeding or other
legal services in which the volunteer attorney participates providing, however,
that concurrent administrative or judicial appearance is at the discretion of
the supervising attorney;
(k)(3) assist the
volunteer attorney in his or her legal service preparation to the extent that
the supervisory attorney considers it necessary; and
(k)(4) ensure along
with the agency that the volunteer attorney has appropriate and adequate
training, knowledge and competency to perform the legal service permitted under
these rules.
(l) "Supreme Court" means the Utah
Supreme Court; and
(m) "volunteer
attorney" means a person who meets the requirements of Rule 14-803.