Rule 14-402. Definitions.

As used in this article:

(a) “Active emeritus” or “active emeritus lawyer” means a lawyer who has been a Bar member for 50 years or who is 75 years of age as of July 1 of the current year and who qualifies for active emeritus status as defined under the Bar’s rules, regulations and policies;

(b) “Active status” or “active status lawyer” means a lawyer who elects to be on active status as defined under the Bar's rules, regulations and policies;

(c) “Admission on motion applicant or lawyer” means a lawyer who has been admitted for reciprocal admission as defined under Rule 14-705;

(d) “Accredited” means:

(d)(1) as it relates to a lawyer, that CLE is approved by the Board as CLE that counts towards the 12 hour CLE requirement per Compliance Cycle; or

(d)(2) as it relates to a paralegal practitioner, that CLE is approved by the Board as CLE that counts towards the 6 hour CLE requirement per Compliance Cycle;

(e) “Approved law school” means an ABA approved law school as defined under Rule 14-701;

(f) “Bar” means the Utah State Bar;

(g) “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;

(h) “Board” means the Utah Supreme Court Board of Mandatory Continuing Legal Education as set forth in Rule 14-403;

(i) “Board of Bar Commissioners” means the governing board of the Bar;

(j) “Certificate of Compliance” means a report evidencing a lawyer's or paralegal practitioner’s completion of Accredited CLE as required and defined under Rule 14-414;

(k) “CLE” means continuing legal education, including Live CLE and Self-Study CLE;

(l) “Comity Certificate” is a Certificate filed by a Utah lawyer to show CLE compliance with an approved reciprocal jurisdiction (Idaho, Oregon, or Washington) where the lawyer practices law;

(m) “Compliance Cycle” means the fiscal year period (July 1 through June 30) during which:

(m)(1) an active status lawyer admitted to practice in Utah is required to complete a minimum of 12 hours of Accredited CLE; or

(m)(2) a paralegal practitioner licensed in Utah is required to complete a minimum of 6 hours of Accredited CLE;

(n) “Ethics CLE” means CLE regarding compliance with the Utah Rules of Professional Conduct with which a lawyer must comply to remain authorized to practice law in Utah and remain in good standing, including:

(n)(1) instruction on the Utah Rules of Professional Responsibility; and

(n)(2) instruction on general ethical conduct or any other matter (such as law practice management or the use of technology) that, as part of the CLE, significantly relates to and discusses compliance with one or more of the Utah Rules of Professional Responsibility;

(o) “Full exam” means all components of the Bar Examination as defined under Rule 14-710;

(p) “House Counsel” means a lawyer admitted with a restricted House Counsel license as defined in Rule 14-719, which is required and limits the lawyer’s practice of law to the business of the lawyer’s employer;

(q) “In-person CLE” means CLE presented in a classroom setting where the lawyer or paralegal practitioner is in the same room as the presenter;

(r) “Inactive status” means a lawyer or paralegal practitioner who has elected to be on inactive status as defined under the Bar’s rules, regulations and policies;

(s) “Live CLE” means In-person CLE, Remote Group CLE, or Verified E- CLE;

(t) “MCLE” or mandatory continuing legal education means CLE required by this article;

(u) “New admittee” means a lawyer newly admitted to the Utah State Bar;

(v) “NLTP” means the New Lawyer Training Program as set forth in Rule 14-404 and Rule 14-808;

(w) “OPC” means the Office of Professional Conduct;

(x) “OPC ethics school” means the OPC biannual seminar on the Utah Rules of Professional Conduct which provides six CLE credit hours;

(y) “Paralegal practitioner” means a person licensed by the Utah Supreme Court to provide limited legal representation in the areas of (1) temporary separation, divorce, parentage, cohabitant abuse, civil stalking, and custody and support; (2) forcible entry and detainer and unlawful detainer; or (3) debt collection matters in which the dollar amount in issue does not exceed the statutory limit for small claims cases;

(z) “Presumptively approved sponsor” means a CLE sponsor or provider who qualifies under the standards prescribed in Rule 14-412;

(aa) “Presumptive CLE Accreditation” means CLE that qualifies under the standards prescribed in Rule 14-412;

(bb) “Professionalism and Civility CLE” means CLE on conduct consistent with the tenets of the legal profession by which a lawyer demonstrates civility, honesty, integrity, character, fairness, competence, ethical conduct, public service, and respect for the rules of law, the courts, clients, other lawyers, witnesses and unrepresented parties, including:

(bb)(1) instruction on the Utah Standards of Professionalism and Civility; or

(bb)(2) instruction on general professional and civil conduct or another matter (such as wellness or substance abuse) that, as part of the CLE, significantly relates to and discusses compliance with one or more of the Utah Standards of Professionalism and Civility;

(cc) “Remote Group CLE” means CLE, sponsored or cosponsored by the Bar, that is presented from a location in Utah, via a live streaming audio-visual presentation, to another location in Utah where the lawyer or paralegal practitioner is present, in accordance with Rule 14-418;

(dd) “Self-Study CLE” means CLE, other than Live CLE, credited for a number of hours determined by the Board on a case-by-case basis, including:

(dd)(1) viewing an audio, video, or webcast presentation, computer interactive program, or a telephonic program;

(dd)(2) writing and publishing an article in a legal periodical, part-time teaching in an approved law school, or delivering a paper or speech on a professional subject at a meeting primarily attended by lawyers, paralegal practitioners, legal assistants, or law school students; or

(dd)(3) community outreach, as described in Rule 14-409.

(ee) “Supreme Court” means the Utah Supreme Court; and

(ff) “UBE Transfers” means applicants who gain admission by transferring a uniform bar exam score;

(gg) “Verified E-CLE” means CLE presented via a computer program or over the Internet where active participation by the lawyer or paralegal practitioner in the CLE is verified by responding to scenarios during the CLE or answering knowledge-based questions during or after presentation of the CLE.

(hh) “Wellness” means well-being or mindfulness programs or topics, intended for attorneys and paralegal practitioners rather than a general audience, that are designed to:

(hh)(1) sustain or increase the capacity of attorneys and paralegal practitioners to strive for and achieve the highest aspirational levels of professionalism, including programs aimed at increasing attorney and paralegal practitioner well-being, optimism, resilience, relationship skills, and energy and engagement in their practices;

(hh)(2) help lawyers and paralegal practitioners re-connect with, strengthen, and apply their values, strength of character, and sense of purpose toward achieving outstanding professionalism;

(hh)(3) educate lawyers and paralegal practitioners about gender bias, diversity and inclusion, and unlawful harassment, including sexual harassment;

(hh)(4) protect lawyers and paralegal practitioners, or help lawyers and paralegal practitioners recover, from the deleterious effects on professionalism of stress, mental health concerns, substance abuse, and poor staff management, financial management, or time management; or

(hh)(5) support the development of organizational cultures within firms, law departments, and legal agencies that recognize, support, and encourage outstanding professionalism.

Effective May 1, 2021.