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Rule 14-701.Definitions.

 

As used in thisarticle:

 

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

 

(b) "ActivePractice" means work performed by an attorney holding an ?active? statuslaw license and having professional experience and responsibilities involvingthe Full-time Practice of Law as defined in paragraphs (u) and (jj). The Active Practice of law includes any of thefollowing activities provided that such employment is available only tolicensed attorneys and the activities are performed in the jurisdiction inwhich the Applicant is admitted:

 

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

 

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

 

(3)government employee whose principal duties are toprovide legal advice or service;

 

(4)service in the United States armed forces as a lawyeror judge;

 

(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;

 

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

 

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

 

(8)the Active Practice of law does not include work that, as undertaken,constitutes the unauthorized practice of law in the jurisdiction in which itwas performed or in the jurisdiction in which the clients receiving theunauthorized services were located, nor does it include work completed inadvance of any bar admission.

 

(c)"Admissions Committee" means those Utah State Bar members or othersappointed by the Board or president of the Bar who are charged withrecommending standards and procedures for admission to the Bar and withimplementation of this article. The Admissions Committee is responsible forsupervising 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 Applicantadmissions.

 

(d)"Applicant" means each person requesting admission to the Bar. Forpurposes of this article, an Applicant is classified as a Student Applicant, aForeign Law School Applicant, an Attorney Applicant, a Motion Applicant, aDisbarred Attorney Applicant, a Foreign Legal Consultant Applicant, a HouseCounsel Applicant, a Formerly-Admitted Applicant, a Military Lawyer Applicant,or a Military Spouse Attorney Applicant.

 

(e) "ApprovedLaw School" means a law school which is fully or provisionally approved bythe ABA pursuant to its Standards and Rules of Procedure for Approval of LawSchools. To qualify as approved, the law school must have been fully orprovisionally approved at the time of the Applicant's graduation, or at thetime of the Applicant's enrollment, provided the Applicant graduated within atypical and reasonable time.

 

(f) "AttorneyApplicant" means any person who satisfies the requirements of Rule 14-704.

 

(g) "Bar"means the Utah State Bar, including its employees, committees and the Board.

 

(h) "BarExamination" means the Bar Examination as defined in Rules 14-710 and14-711.

 

(i) "BarExaminer Committee" means those Bar members or others appointed by theBoard or president of the Bar who are charged with grading the Bar Examination.

 

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

 

(k) "Characterand Fitness Committee" means those Bar members or others appointed by theBoard or president of the Bar who are charged with assessing the character andfitness of Applicants and making determinations thereon.

 

(l) "CompleteApplication" means an application that includes all fees and necessaryapplication forms, along with any required supporting documentation, characterreferences, a criminal background check, a photo, an official certificate oflaw school graduation and if applicable, a test accommodation request withsupporting medical documentation, a certificate of admission and/or goodstanding, and a certificate of discipline.

 

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

 

(n) "DeputyGeneral Counsel for Admissions? or ?Deputy General Counsel" are terms usedinterchangeably to mean the Bar's attorney in charge of admissions or her orhis designee.

 

(o) "DisbarredAttorney Applicant" means a person who has previously been licensed topractice law in Utah and who is no longer licensed to practice law because ofdisbarment or resignation with discipline pending or their equivalent and whosatisfies the requirements of Rule 14-708(g) and 14-717.

 

(p) "ExecutiveDirector" means the executive director of the Utah State Bar or her or hisdesignee.

 

(q) ?FirstProfessional Degree? means a degree that prepares the holder for admission tothe practice of law (e.g. juris doctorate) by emphasizing competency skillsalong with theory and analysis. An advanced, focused, or honorary degree in lawis not recognized as a First Professional Degree (e.g. master of laws or doctorof laws).

 

(r) "ForeignLaw School" means any school located outside of the United States and itsprotectorates, that is accredited by that jurisdiction's legal accreditationbody, if one exists, where principles of English Common Law form thepredominant basis for that country?s system of jurisprudence, and whosegraduates are otherwise permitted by that jurisdiction's highest court topractice law.

 

(s) ?Foreign LegalConsultant Applicant? means any Applicant who satisfies the requirements ofRule 14-718.

 

(t)?Formerly-Admitted Applicant" means a person who has previously beenlicensed to practice law in Utah who is no longer licensed to practice lawbecause of resignation without discipline pending or ?failure to pay licensing fees for three ormore years under Rule 14-107(b)(4), and who satisfies the requirements of Rule14-717.

 

(u) ?Full-timePractice? means the Active and lawful Practice of Law for no fewer than 80hours per month. Time spent on administrative or managerial duties, continuinglegal education, or client development and marketing does not qualify as partof the required 80 hours of legal work.

 

(v) "GeneralCounsel" means the General Counsel of the Utah State Bar or her or hisdesignee.

 

(w) ?House CounselApplicant? means any Applicant who satisfies the requirements of Rule 14-719.

 

(x) ?House Counsel?means a person granted a license under Rule 14-719.

 

(y)"Inactive" means an attorney?s law license is held in ?inactivestatus? or an equivalent term.

 

(z) "MBE"means the Multistate Bar Examination prepared by the NCBE.

 

(aa)"MEE" means the Multistate Essay Examination prepared by the NCBE.

 

(bb) ?MilitaryLawyer Applicant? means any Applicant who satisfies the requirements of Rule14-804.

 

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

 

(dd) "MotionApplicant" means any person who satisfies the requirements of Rule 14-705.

 

(ee) "MPRE" means the Multistate ProfessionalResponsibility Examination prepared by the NCBE.

 

(ff)"MPT" means the Multistate Performance Test prepared by the NCBE.

 

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

 

(hh) "OPC" means the Office of ProfessionalConduct.

 

(ii) ?Person?includes the plural as well as the singular and legal entities as well asnatural persons.

 

(jj) ?Practice of Law? meansemployment available only to licensed attorneys where the primary duty of theposition is to represent the interests of another person by informing,counseling, advising, assisting, advocating for or drafting documents for that personthrough application of the law and associated legal principles to that person?sfacts and circumstances. The Practice of Law constitutes more than merelyworking with legally-related matters.

 

(kk)"Privileged Information" in this article includes: informationsubject to the attorney-client privilege, attorney work product, test materialsand applications of examinees; correspondence and written decisions of theBoard, Admissions Committee, Bar Examiner Committee, Character and FitnessCommittee, and Test Accommodations Committee; and the identity of individualsparticipating in the drafting, reviewing, grading and scoring of the BarExamination.

 

(ll) ?Reapplication for Admission? means that for two yearsafter the filing of an original application, an Applicant may reapply bycompleting a Reapplication for Admission form updating any information that haschanged since the prior application was filed and submitting a new criminalbackground check.

 

(mm) "StudentApplicant" means any person who satisfies the requirements of Rule14-703(a) who has never been admitted as an attorney in any jurisdiction.

 

(nn) "Supreme Court" means the Utah Supreme Court.

 

(oo) ?Test Accommodations Committee? means those Bar membersor others appointed by the Board or president of the Bar who are charged withthe review of requests from Applicants seeking to take the Bar Examination withtest accommodations and who make determinations thereon.

 

(pp) ?UnapprovedLaw School? means a law school that is not fully or provisionally approved bythe ABA. For an Unapproved Law School?s graduates to be eligible for admission,the law school must be accredited in the jurisdiction where it exists, providelegal education that is the substantial equivalent of the legal education providedby an Approved Law School, and not be based on correspondence or internet study.

 

(qq) ?UBE? means the Uniform Bar Examination as prepared bythe NCBE.

 

(rr) "Updated Application" means that an Applicantis required to amend and update their application on an ongoing basis andcorrect any information that has changed since the application was filed.

 

(ss) "WrittenComponent" means that portion of the Bar Examination that consists of MEEand MPT questions.

 

Effective September1, 2020.