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Rule 14-701

Rule 14-701. Definitions.

As used in this article:

(a) "ABA"means the American Bar Association;

(b) "Active Practice" means work performed by anattorney 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 Practiceof law includes any combination of the following activities provided that suchemployment is available only to licensed attorneys andthe activities are performed in the jurisdiction in which the Applicant isadmitted;

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

(b)(2) an organization?s employeewhose principal responsibility is to provide legal advice or service;

(b)(3) government employee whoseprincipal duties are to provide legal advice or service;

(b)(4) service in the United Statesarmed forces as a lawyer or judge;

(b)(5) judge of a court of generalor appellate jurisdiction provided that such employment requires admission tothe bar for the appointment thereto and for the performance of the dutiesthereof;

(b)(6) law clerk to a judge of acourt of general or appellate jurisdiction; or

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

(b)(8) the Active Practice of lawshall not include work that, as undertaken, constitutes the unauthorizedpractice of law in the jurisdiction in which it was performed or in thejurisdiction in which the clients receiving the unauthorized services werelocated, nor shall it include work completed in advance of any bar admission.

(c) "Admissions Committee" means those Utah StateBar members or others appointed by the Board or president of the Bar who arecharged with recommending standards and procedures for admission to the Bar andwith implementation of this article. The Admissions Committee is responsiblefor supervising the work of the Bar Examiner Committee, the Test AccommodationsCommittee, and the Character and Fitness Committee, handling requests forreview as provided herein and performing other work relating to the admissionof Applicants;

(d) "Applicant" means each person requestingadmission to the Bar. For purposes of this article, an Applicant is classifiedas a Student Applicant, a Foreign Law School Applicant, an Attorney Applicant,a Motion Applicant, a Disbarred Attorney Applicant, a Foreign Legal ConsultantApplicant, or a House Counsel Applicant.

(e) "ApprovedLaw School"means a law school 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 person whosatisfies the requirements of Rule 14-704;

(g) "Bar" means the Utah State Bar, including itsemployees, committees and the Board;

(h) "Bar Examination" means the Bar Examinationas defined in Rules 14-710 and 14-711 and includes the UBE, regardless of wherethe UBE was taken;

(i) "Bar ExaminerCommittee" means those Bar members or othersappointed by the Board or president of the Bar who are charged with grading theBar Examination;

(j) "Board" means the Board of Bar Commissioners;

(k) "Character and Fitness Committee" means thoseBar members or others appointed by the Board orpresident of the Bar who are charged with assessing the character and fitness ofApplicants and making determinations thereon;

(l) "Complete Application" means an applicationthat includes all fees and necessary application forms, along with any requiredsupporting documentation, character references, a criminal background check, aphoto, an official certificate of law school graduation and if applicable, atest accommodation request with supporting medical documentation, a certificateof admission and/or good standing, and a certificate of discipline;

(m) "Confidential Information" is defined in Rule14-720(a);

(n) "Deputy General Counsel for Admissions? or ?DeputyGeneral Counsel" are terms used interchangeablyto mean the Bar's attorney in charge of admissions or her or his designee;

(o) "Disbarred Attorney Applicant" means a personwho has previously been licensed to practice law in Utah and who is no longerlicensed to practice law because of disbarment or resignation with disciplinepending or their equivalent and who satisfies the requirements of Rule14-708(g) and 14-717;

(p) "Executive Director" means the executivedirector 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 alongwith theory and analysis. An advanced, focused, or honorary degree in law isnot recognized as a First Professional Degree (e.g. master of laws or doctor oflaws);

(r) "Foreign Law School" means any school locatedoutside of the United States and its protectorates, that is accredited by thatjurisdiction's legal accreditation body, if one exists, where principles ofEnglish Common Law form the predominant basis for that country?s system ofjurisprudence, 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 and lawfulPractice 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 General Counselof the Utah State Bar or her or his designee;

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

(w) ?House Counsel? means a person granted a license underRule 14-719;

(x) "Inactive" means an attorney?s law license isheld in ?inactive status? or an equivalent term;

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

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

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

(bb)"MPRE" means the Multistate ProfessionalResponsibility Examination prepared by the NCBE;

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

(dd) "NCBE" means theNational Conference of Bar Examiners, an organization that develops, maintains,and applies reasonable and uniform standards of bar examination education andtesting;

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

(ff)?Practice of Law? means employment available only to licensed attorneys where theprimary duty of the position is to provide legal service representation. ThePractice of Law includes such activities as furnishing legal counsel, draftingdocuments and pleadings, interpreting and giving advice with respect to thelaw, and preparing, trying or presenting cases before courts or administrativeagencies. The Practice of Law is a term of art and though no broad rule canprecisely define the Practice of Law, it constitutes more than merely workingwith legally-related matters;

(gg) "PrivilegedInformation" in this article includes: information subject to theattorney-client privilege, attorney work product, test materials andapplications of examinees; correspondence and written decisions of the Board,Admissions Committee, Bar Examiner Committee, Character and Fitness Committee,and Test Accommodations Committee; and the identity of individualsparticipating in the drafting, reviewing, grading and scoring of the BarExamination;

(hh)?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;

(ii) "StudentApplicant" means any person who satisfies the requirements of Rule14-703(a);

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

(kk)?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;

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

(mm)?UBE? means the Uniform Bar Examination as prepared by the NCBE;

(nn) "UpdatedApplication" means that an Applicant is required to amend and update heror his application on an ongoing basis and correct any information that haschanged since the application was filed; and

(oo)"Written Component" means that portion of the Bar Examination thatconsists of MEE and MPTquestions.

Effective Date May 1, 2016