Rule 14-802. Authorizationto practice law.
(b) For purposes of this rule:
(b)(1) The ?practice of law? is the representation of theinterests of another person by informing,counseling, advising,
(b)(2) The ?law? is the collective body of declarations bygovernmental authorities that establisha person?s rights, duties, constraints and freedoms and consists primarily
(c)(1)(A) Within a practice area or areas in which a LicensedParalegal Practitioner is licensed, a LicensedParalegal Practitioner
(c)(1)(B) establishing a contractualrelationship with the client;
(c)(1)(C) interviewing the client tounderstand the client?s objectives and obtaining facts relevant to achieving that objective;
(c)(1)(F) signing, filing, andcompleting service of the form;
(c)(1)(G) obtaining, explaining, andfiling any document needed to support the form;
(c)(1)(H) reviewing documents ofanother party and explaining them;
(c)(1)(I) informing, counseling, assisting and advocating fora client in mediated negotiations;
(c)(1)(L) explaining a court orderthat affects the client?s rights and obligations.
(d)(1) Making legal forms available to the general public,whether by sale or otherwise, or publishing legal self-help information by print or electronic
(d)(3) Providing clerical assistance to another to complete aform provided by a municipal, state,or federal court located in the State of Utah when no fee is charged to do
(d)(7) Representing a party in any mediation
(d)(9) Serving in a neutral capacity as a mediator,arbitrator or conciliator.
(d)(11) Lobbying governmental bodies as an agent orrepresentative of others.
(d)(12) Advising or preparing documents for others in thefollowing described circumstances andby the following described persons:
(d)(12)(A) a real estate agent orbroker licensed by the state of Utah may complete State-
(d)(12)(D) insurance companies andagents licensed by the state of Utah may recommend
coverage, inform customers with respect totheir options for titling of ownership of insurance and
annuity contracts, the naming ofbeneficiaries, and the adjustment of claims under the company?s
Advisory Committee Note
"Active"in this paragraph refers to the formal status of a lawyer, as determined by theBar. Among other things, an active lawyer must comply with the Bar'srequirements for continuing legal education.
The practiceof law defined in Subparagraph (b)(1) includes: giving advice or counsel toanother person as to that person's legal rights or responsibilities withrespect to that person's facts and circumstances; selecting, drafting orcompleting legal documents that affect the legal rights or responsibilities ofanother person; representing another person before an adjudicative, legislativeor executive body, including the preparation or filing of documents andconducting discovery; negotiating legal rights or responsibilities on behalf ofanother person.
Becauserepresenting oneself does not involve another person, it is not technically the"practice of law." Thus, any natural person may represent oneself asan individual in any legal context. To the same effect isArticle 1, Rule 14-111 Integration and Management: "Nothing in thisarticle shall prohibit a person who is unlicensed as an attorney at law or aforeign legal consultant from personally representing that person's owninterests in a cause to which the person is a party in his or her own right andnot as assignee."
Similarly, anemployee of a business entity is not engaged in "the representation of theinterest of another person" when activities involving the law are a partof the employee's duties solely in connection with the internal businessoperations of the entity and do not involve providing legal advice to anotherperson. Further, a person acting in an official capacity as an employee of agovernment agency that has administrative authority to determine the rights ofpersons under the law is also not representing the interests of another person.
As defined insubparagraph (b)(2), "the law" is a comprehensive term that includesnot only the black-letter law set forth in constitutions, treaties, statutes,ordinances, administrative and court rules and regulations, and similarenactments of governmental authorities, but the entire fabric of itsdevelopment, enforcement, application and interpretation.
Laws dulyenacted by the electorate by initiative and referendum under constitutionalauthority would be included under subparagraph (b)(2)(A).
Subparagraph (b)(2)(B)is intended to incorporate the breadth of decisional law, as well as thebackground, such as committee hearings, floor discussions and other legislativehistory, that often accompanies the written law of legislatures and other law-and rule-making bodies.
Reference toadjudicative bodies in this subparagraph includes courts and similar tribunals,arbitrators, administrative agencies and other bodies that render judgments oropinions involving a person's interests.
The exceptionsfor Licensed Paralegal Practitioners arise from the November 18, 2015 Reportand Recommendation of the Utah Supreme Court Task Force to Examine LimitedLegal Licensing. The Task Force was created to make recommendations to addressthe large number of
To the extentnot already addressed by the requirement that the practice of law involves therepresentation of others, subparagraph (d)(2) permitsthe direct and indirect dissemination of legal information in an educationalcontext, such as legal teaching and lectures.
Subparagraph(d)(3) permits assistance provided by employees of thecourts and legal-aid and similar organizations that do not charge for providingthese services.
Subparagraph(d)(7) applies only to the procedures directly relatedto parties' involvement before a neutral third-party mediator; it does notextend to any related judicial proceedings unless otherwise provided for underthis rule (e.g., under subparagraph (d)(5)).