Rule 14-802. Authorization to practice law.
(a) Except as set forth in
subsection (c) of this rule, only persons who are active, licensed members of
the Bar in good standing may engage in the practice of law in Utah.
(b) For purposes of this rule:
(b)(1) The “practice of law” is
the representation of the interests of another person by informing, counseling,
advising, assisting, advocating for or drafting documents for that person
through application of the law and associated legal principles to that person’s
facts and circumstances.
(b)(2) The “law” is the
collective body of declarations by governmental authorities that establish a
person’s rights, duties, constraints and freedoms and consists primarily of:
(b)(2)(A) constitutional
provisions, treaties, statutes, ordinances, rules, regulations and similarly
enacted declarations; and
(b)(2)(B) decisions, orders and
deliberations of adjudicative, legislative and executive bodies of government
that have authority to interpret, prescribe and determine a person’s rights,
duties, constraints and freedoms.
(b)(3) “Person” includes the
plural as well as the singular and legal entities as well as natural persons.
(c) Whether or not it constitutes
the practice of law, the following activity by a non-lawyer, who is not
otherwise claiming to be a lawyer or to be able to practice law, is permitted:
(c)(1) Making legal forms
available to the general public, whether by sale or otherwise, or publishing
legal self-help information by print or electronic media.
(c)(2) Providing general legal
information, opinions or recommendations about possible legal rights, remedies,
defenses, procedures, options or strategies, but not specific advice related to
another person’s facts or circumstances.
(c)(3) Providing clerical
assistance to another to complete a form provided by a municipal, state, or
federal court located in the State of Utah when no fee is charged to do so.
(c)(4) When expressly permitted
by the court after having found it clearly to be in the best interests of the
child or ward, assisting one’s minor child or ward in a juvenile court
proceeding.
(c)(5) Representing a party in
small claims court as permitted by Rule of Small Claims Procedure 13.
(c)(6) Representing without
compensation a natural person or representing a legal entity as an employee
representative of that entity in an arbitration proceeding, where the amount in
controversy does not exceed the jurisdictional limit of the small claims court
set by the Utah Legislature.
(c)(7) Representing a party in
any mediation proceeding.
(c)(8) Acting as a representative
before administrative tribunals or agencies as authorized by tribunal or agency
rule or practice.
(c)(9) Serving in a neutral
capacity as a mediator, arbitrator or conciliator.
(c)(10) Participating in labor
negotiations, arbitrations or conciliations arising under collective bargaining
rights or agreements or as otherwise allowed by law.
(c)(11) Lobbying governmental
bodies as an agent or representative of others.
(c)(12) Advising or preparing
documents for others in the following described circumstances and by the
following described persons:
(c)(12)(A) a real estate agent or
broker licensed by the state of Utah may complete State-approved forms
including sales and associated contracts directly related to the sale of real
estate and personal property for their customers.
(c)(12)(B) an abstractor or title
insurance agent licensed by the state of Utah may issue real estate title
opinions and title reports and prepare deeds for customers.
(c)(12)(C) financial institutions
and securities brokers and dealers licensed by Utah may inform customers with
respect to their options for titles of securities, bank accounts, annuities and
other investments.
(c)(12)(D) insurance companies
and agents licensed by the state of Utah may recommend coverage, inform
customers with respect to their options for titling of ownership of insurance
and annuity contracts, the naming of beneficiaries, and the adjustment of
claims under the company’s insurance coverage outside of litigation.
(c)(12)(E) health care providers
may provide clerical assistance to patients in completing and executing durable
powers of attorney for health care and natural death declarations when no fee
is charged to do so.
(c)(12)(F) Certified Public
Accountants, enrolled IRS agents, public accountants, public bookkeepers, and
tax preparers may prepare tax returns.