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Rule14-701. Definitions.

As used in this article:

(a) "ABA" means the AmericanBar Association;

(b) "Active Practice" meanswork performed by an attorney holding an ?active? status law license and havingprofessional experience and responsibilities involving the Full-time Practiceof Law as defined in sections (t) and (ff). TheActive Practice of law includes any combination of the following activitiesprovided that such employment is available only tolicensed attorneys and the activities are performed in the jurisdiction inwhich 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 duties are toprovide legal advice or service;

(b)(4)service in the United States armed forces as a lawyeror 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 general orappellate jurisdiction; or

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

(b)(8)the Active Practice of law shall not include workthat, 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 those Utah State Bar members or others appointed by the Board orpresident of the Bar who are charged with recommending standards and proceduresfor admission to the Bar and with implementation of this article. TheAdmissions Committee is responsible for supervising the work of the BarExaminer Committee, the Test Accommodations Committee, and the Character andFitness Committee, handling requests for review as provided herein andperforming other work relating to the admission of Applicants;

(d) "Applicant" means eachperson requesting admission to the Bar. For purposes of this article, anApplicant is classified as a Student Applicant, a Foreign Law School Applicant,an Attorney Applicant, a Motion Applicant, a Disbarred Attorney Applicant, aForeign Legal Consultant Applicant, a House Counsel Applicant, a MilitaryLawyer Applicant, or a Military Spouse Attorney Applicant.

(e) "Approved Law School"means a law school which is fully or provisionally approved by the ABA pursuantto its Standards and Rules of Procedure for Approval of Law Schools. To qualifyas approved, the law school must have been fully or provisionally approved atthe time 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" meansany person who satisfies the requirements of Rule 14-704;

(g) "Bar" means the Utah StateBar, including its employees, committees and the Board;

(h) "Bar Examination" meansthe Bar Examination as defined in Rules 14-710 and 14-711;

(i) "BarExaminer Committee" means those Bar members orothers appointed by the Board or president of the Bar who are charged withgrading the Bar Examination;

(j) "Board" means the Board ofBar Commissioners;

(k) "Character and FitnessCommittee" means those Bar members or othersappointed by the Board or president of the Bar who are charged with assessingthe character and fitness of Applicants and making determinations thereon;

(l) "Complete Application"means an application that includes all fees and necessary application forms,along with any required supporting documentation, character references, acriminal background check, a photo, an official certificate of law schoolgraduation and if applicable, a test accommodation request with supportingmedical documentation, a certificate of admission and/or good standing, and acertificate of discipline;

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

(n) "Deputy General Counsel forAdmissions? or ?Deputy General Counsel" are termsused interchangeably to mean the Bar's attorney in charge of admissions or heror his designee;

(o) "Disbarred AttorneyApplicant" means a person who has previously been licensed to practice lawin Utah and who is no longer licensed to practice law because of disbarment orresignation with discipline pending or their equivalent and who satisfies therequirements of Rule 14-708(g) and 14-717;

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

(q) ?First Professional Degree? means adegree that prepares the holder for admission to the practice of law (e.g.juris doctorate) by emphasizing competency skills along with theory andanalysis. An advanced, focused, or honorary degree in law is not recognized asa First Professional Degree (e.g. master of laws or doctor of laws);

(r) "Foreign Law School" meansany school located outside of the United States and its protectorates, that isaccredited by that jurisdiction's legal accreditation body, if one exists,where principles of English Common Law form the predominant basis for thatcountry?s system of jurisprudence, and whose graduates are otherwise permittedby that jurisdiction's highest court to practice law;

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

(t) ?Full-time Practice? means theActive and lawful Practice of Law for no fewer than 80 hours per month. Timespent on administrative or managerial duties, continuing legal education, orclient development and marketing does not qualify as part of the required 80hours of legal work;

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

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

(w) ?House Counsel? means a persongranted a license under Rule 14-719;

(x) "Inactive" means anattorney?s law license is held in ?inactive status? or an equivalent term;

(y) "MBE" means the MultistateBar Examination prepared by the NCBE;

(z) "MEE" means the MultistateEssay Examination prepared by the NCBE;

(aa) ?MilitaryLawyer Applicant? means any Applicant who satisfies the requirements of Rule14-804;

(bb) ?MilitarySpouse Attorney Applicant? means any Applicant who satisfies the requirementsof Rule 14-805;

(cc) "Motion Applicant" meansany person who satisfies the requirements of Rule 14-705;

(dd)"MPRE" means the Multistate Professional Responsibility Examinationprepared by the NCBE;

(ee)"MPT" means the Multistate Performance Test prepared by the NCBE;

(ff)"NCBE" means the National Conference of Bar Examiners, anorganization that develops, maintains, and applies reasonable and uniformstandards of bar examination education and testing;

(gg)"OPC" means the Bar?s Office of Professional Conduct;

(hh)?Practice of Law? means employment available only to licensed attorneys wherethe primary duty of the position is to represent the interests of anotherperson by informing, counseling, advising, assisting, advocating for ordrafting documents for that person through application of the law andassociated legal principles to that person?s facts and circumstances. ?Person?includes the plural as well as the singular and legal entities as well asnatural persons. The Practice of Law constitutes more than merely working withlegally-related matters;

(ii) "Privileged Information"in this article 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;

(jj)?Reapplication for Admission? means that for two years after the filing of anoriginal application, an Applicant may reapply by completing a Reapplicationfor Admission form updating any information that has changed since the priorapplication was filed and submitting a new criminal background check;

(kk)?Resigned Applicant" means a person who has previously been licensed topractice law in Utah who is no longer licensed to practice law because ofresignation without discipline pending or resignation under Rule 14-508(d) andwho satisfies the requirements of Rule 14-717(a);

(ll)"Student Applicant" means any person who satisfies the requirementsof Rule 14-703(a);

(mm)"Supreme Court" means the Utah Supreme Court;

(nn)?Test Accommodations Committee? means those Bar members or others appointed bythe Board or president of the Bar who are charged with the review of requestsfrom Applicants seeking to take the Bar Examination with test accommodationsand who make determinations thereon;

(oo)?Unapproved Law School? means a law school that is not fully or provisionallyapproved by the ABA. For an Unapproved Law School?s graduates to be eligiblefor admission, the law school must be accredited in the jurisdiction where itexists, provide legal education that is the substantial equivalent of the legaleducation provided by an Approved Law School, and not be based on correspondenceor internet study;

(pp) ?UBE? means the Uniform BarExamination as prepared by the NCBE;

(qq)"Updated Application" means that an Applicant is required to amendand update her or his application on an ongoing basis and correct anyinformation that has changed since the application was filed; and

(rr)"Written Component" means that portion of the Bar Examination thatconsists of MEE and MPT questions.

 

Effective May 1, 2019