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Rule14-701. Definitions.

As used in this article:

(a) "ABA" means the American BarAssociation;

(b) "Active Practice" means workperformed by an attorney holding an ?active? status law license and having professionalexperience and responsibilities involving the Full-time Practice of Law asdefined in sections (t) and (ff). The Active Practice of law includes anycombination of the following activities provided that such employment isavailable only to licensed attorneys and the activities are performed in thejurisdiction in which the Applicant is admitted;

(b)(1) sole practitioner, or partner, shareholder,associate, or of counsel in a law firm;

(b)(2) an organization?s employee whose principalresponsibility is to provide legal advice or service;

(b)(3) government employee whose principal dutiesare to provide legal advice or service;

(b)(4) service in the United States armed forces asa lawyer or judge;

(b)(5) judge of a court of general or appellate jurisdictionprovided that such employment requires admission to the bar for the appointmentthereto and for the performance of the duties thereof;

(b)(6) law clerk to a judge of a court of generalor appellate jurisdiction; or

(b)(7) teaching full-time at an Approved LawSchool;

(b)(8) the Active Practice of law shall not includework that, as undertaken, constitutes the unauthorized practice of law in thejurisdiction in which it was performed or in the jurisdiction in which theclients receiving the unauthorized services were located, nor shall it includework completed in advance of any bar admission.

(c) "Admissions Committee" means thoseUtah State Bar members or others appointed by the Board or president of the Barwho are charged with recommending standards and procedures for admission to theBar and with implementation of this article. The Admissions Committee isresponsible for supervising the work of the Bar Examiner Committee, the TestAccommodations Committee, and the Character and Fitness Committee, handlingrequests for review as provided herein and performing other work relating tothe admission of Applicants;

(d) "Applicant" means each personrequesting admission to the Bar. For purposes of this article, an Applicant isclassified as a Student Applicant, a Foreign Law School Applicant, an AttorneyApplicant, a Motion Applicant, a Disbarred Attorney Applicant, a Foreign LegalConsultant Applicant, or a House Counsel Applicant.

(e) "Approved Law School" means a lawschool which is fully or provisionally approved by the ABA pursuant to itsStandards and Rules of Procedure for Approval of Law Schools. To qualify asapproved, the law school must have been fully or provisionally approved at thetime of the Applicant's graduation, or at the time of the Applicant'senrollment, provided that the Applicant graduated within a typical andreasonable period of time;

(f) "Attorney Applicant" means any personwho 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 BarExamination as defined in Rules 14-710 and 14-711;

(i) "Bar Examiner Committee" means thoseBar members or others appointed by the Board or president of the Bar who arecharged with grading the Bar Examination;

(j) "Board" means the Board of BarCommissioners;

(k) "Character and Fitness Committee"means those Bar members or others appointed by the Board or president of theBar who are charged with assessing the character and fitness of Applicants andmaking determinations thereon;

(l) "Complete Application" means anapplication that includes all fees and necessary application forms, along withany required supporting documentation, character references, a criminalbackground check, a photo, an official certificate of law school graduation andif applicable, a test accommodation request with supporting medicaldocumentation, a certificate of admission and/or good standing, and acertificate of discipline;

(m) "Confidential Information" is definedin Rule 14-720(a);

(n) "Deputy General Counsel for Admissions? or?Deputy General Counsel" are terms used interchangeably to mean the Bar'sattorney in charge of admissions or her or his designee;

(o) "Disbarred Attorney Applicant" meansa person who has previously been licensed to practice law in Utah and who is nolonger licensed to practice law because of disbarment or resignation withdiscipline pending or their equivalent and who satisfies the requirements ofRule 14-708(g) and 14-717;

(p) "Executive Director" means theexecutive director of the Utah State Bar or her or his designee;

(q) ?First Professional Degree? means a degree thatprepares 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 ProfessionalDegree (e.g. master of laws or doctor of laws);

(r) "Foreign Law School" means any schoollocated outside of the United States and its protectorates, that is accreditedby that jurisdiction's legal accreditation body, if one exists, whereprinciples of English Common Law form the predominant basis for that country?ssystem of jurisprudence, and whose graduates are otherwise permitted by thatjurisdiction's highest court to practice law;

(s) ?Foreign Legal Consultant Applicant? means anyApplicant who satisfies the requirements of Rule 14-718;

(t) ?Full-time Practice? means the Active andlawful Practice of Law for no fewer than 80 hours per month. Time spent onadministrative or managerial duties, continuing legal education, or clientdevelopment and marketing does not qualify as part of the required 80 hours oflegal work;

(u) "General Counsel" means the GeneralCounsel of the Utah State Bar or her or his designee;

(v) ?House Counsel Applicant? means any Applicantwho satisfies the requirements of Rule 14-719;

(w) ?House Counsel? means a person granted alicense under Rule 14-719;

(x) "Inactive" means an attorney?s lawlicense is held in ?inactive status? or an equivalent term;

(y) "MBE" means the Multistate BarExamination prepared by the NCBE;

(z) "MEE" means the Multistate EssayExamination prepared by the NCBE;

(aa) "Motion Applicant" means any personwho satisfies the requirements of Rule 14-705;

(bb) "MPRE" means the MultistateProfessional Responsibility Examination prepared by the NCBE;

(cc) "MPT" means the MultistatePerformance Test prepared by the NCBE;

(dd) "NCBE" means the National Conferenceof Bar Examiners, an organization that develops, maintains, and appliesreasonable and uniform standards of bar examination education and testing;

(ee) "OPC" means the Bar?s Office ofProfessional Conduct;

(ff) ?Practice of Law? means employment availableonly to licensed attorneys where the primary duty of the position is torepresent the interests of another person by informing, counseling, advising,assisting, advocating for or drafting documents for that person throughapplication of the law and associated legal principles to that person?s factsand circumstances. ?Person? includes the plural as well as the singular andlegal entities as well as natural persons. The Practice of Law constitutes morethan merely working with legally-related matters;

(gg) "Privileged Information" in thisarticle 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, BarExaminer Committee, Character and Fitness Committee, and Test AccommodationsCommittee; and the identity of individuals participating in the drafting,reviewing, grading and scoring of the Bar Examination;

(hh) ?Reapplication for Admission? means that fortwo years after the filing of an original application, an Applicant may reapplyby completing a Reapplication for Admission form updating any information thathas changed since the prior application was filed and submitting a new criminalbackground check;

(ii) ?Resigned Applicant" means a person whohas previously been licensed to practice law in Utah who is no longer licensedto practice law because of resignation without discipline pending orresignation under Rule 14-508(d) and who satisfies the requirements of Rule14-717(a);

(jj) "Student Applicant" means any personwho satisfies the requirements of Rule 14-703(a);

(kk) "Supreme Court" means the UtahSupreme Court;

(ll) ?Test Accommodations Committee? means thoseBar members or others appointed by the Board or president of the Bar who arecharged with the review of requests from Applicants seeking to take the BarExamination with test accommodations and who make determinations thereon;

(mm) ?Unapproved Law School? means a law schoolthat is not fully or provisionally approved by the ABA. For an Unapproved LawSchool?s graduates to be eligible for admission, the law school must beaccredited in the jurisdiction where it exists, provide legal education that isthe substantial equivalent of the legal education provided by an Approved LawSchool, and not be based on correspondence or internet study;

(nn) ?UBE? means the Uniform Bar Examination asprepared by the NCBE;

(oo) "Updated Application" means that anApplicant is required to amend and update her or his application on an ongoingbasis and correct any information that has changed since the application wasfiled; and

(pp) "Written Component" means thatportion of the Bar Examination that consists of MEE and MPT questions.

Effective May 1, 2018