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Rule 14-802. Authorization to practice law.

(a) Except as set forth insubsection (c) of this rule, only persons who are active, licensed members ofthe Bar in good standing may engage in the practice of law in Utah.

(b) For purposes of this rule:

(b)(1) The ?practice of law? isthe representation of 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.

(b)(2) The ?law? is thecollective body of declarations by governmental authorities that establish aperson?s rights, duties, constraints and freedoms and consists primarily of:

(b)(2)(A) constitutionalprovisions, treaties, statutes, ordinances, rules, regulations and similarlyenacted declarations; and

(b)(2)(B) decisions, orders anddeliberations of adjudicative, legislative and executive bodies of governmentthat have authority to interpret, prescribe and determine a person?s rights,duties, constraints and freedoms.

(b)(3) ?Person? includes theplural as well as the singular and legal entities as well as natural persons.

(c) Whether or not it constitutesthe practice of law, the following activity by a non-lawyer, who is nototherwise claiming to be a lawyer or to be able to practice law, is permitted:

(c)(1) Making legal formsavailable to the general public, whether by sale or otherwise, or publishinglegal self-help information by print or electronic media.

(c)(2) Providing general legalinformation, opinions or recommendations about possible legal rights, remedies,defenses, procedures, options or strategies, but not specific advice related toanother person?s facts or circumstances.

(c)(3) Providing clericalassistance to another to complete a form provided by a municipal, state, orfederal court located in the State of Utah when no fee is charged to do so.

(c)(4) When expressly permittedby the court after having found it clearly to be in the best interests of thechild or ward, assisting one?s minor child or ward in a juvenile courtproceeding.

(c)(5) Representing a party insmall claims court as permitted by Rule of Small Claims Procedure 13.

(c)(6) Representing withoutcompensation a natural person or representing a legal entity as an employeerepresentative of that entity in an arbitration proceeding, where the amount incontroversy does not exceed the jurisdictional limit of the small claims courtset by the Utah Legislature.

(c)(7) Representing a party inany mediation proceeding.

(c)(8) Acting as a representativebefore administrative tribunals or agencies as authorized by tribunal or agencyrule or practice.

(c)(9) Serving in a neutralcapacity as a mediator, arbitrator or conciliator.

(c)(10) Participating in labornegotiations, arbitrations or conciliations arising under collective bargainingrights or agreements or as otherwise allowed by law.

(c)(11) Lobbying governmentalbodies as an agent or representative of others.

(c)(12) Advising or preparingdocuments for others in the following described circumstances and by thefollowing described persons:

(c)(12)(A) a real estate agent orbroker licensed by the state of Utah may complete State-approved formsincluding sales and associated contracts directly related to the sale of realestate and personal property for their customers.

(c)(12)(B) an abstractor or titleinsurance agent licensed by the state of Utah may issue real estate titleopinions and title reports and prepare deeds for customers.

(c)(12)(C) financial institutionsand securities brokers and dealers licensed by Utah may inform customers withrespect to their options for titles of securities, bank accounts, annuities andother investments.

(c)(12)(D) insurance companiesand agents licensed by the state of Utah may recommend coverage, informcustomers with respect to their options for titling of ownership of insuranceand annuity contracts, the naming of beneficiaries, and the adjustment ofclaims under the company?s insurance coverage outside of litigation.

(c)(12)(E) health care providersmay provide clerical assistance to patients in completing and executing durablepowers of attorney for health care and natural death declarations when no feeis charged to do so.

(c)(12)(F) Certified PublicAccountants, enrolled IRS agents, public accountants, public bookkeepers, andtax preparers may prepare tax returns.

AdvisoryCommittee Notes