Print Version
Previous PageFile uploaded: 10/9/2018

Rule15-601. Definitions.

As used in this article:

(a) "complainant"means the person who files an informal complaint or the OPC when the OPCdetermines to open an investigation based on information it has received;

(b) "formalcomplaint" means a complaint filed in the district court allegingmisconduct by a licensed paralegal practitioner or seeking the transfer of alicensed paralegal practitioner to disability status;

(c) "informalcomplaint" means any written, notarized allegation of misconduct by orincapacity of a licensed paralegal practitioner;

(d) "injury"means harm to a client, the public, the legal system, or the profession whichresults from a licensed paralegal practitioner?s misconduct. The level ofinjury can range from "serious" injury to "little or no"injury; a reference to "injury" alone indicates any level of injurygreater than "little or no" injury;

(e) "intent"means the conscious objective or purpose to accomplish a particular result;

(f) "knowledge"means the conscious awareness of the nature or attendant circumstances of theconduct but without the conscious objective or purpose to accomplish aparticular result;

(g) "negligence"means the failure of a licensed paralegal practitioner to heed a substantialrisk that circumstances exist or that a result will follow, which failure is adeviation from the standard of care that a reasonable licensed paralegalpractitioner would exercise in the situation;

(h) "potentialinjury" means the harm to a client, the public, the legal system or theprofession that is reasonably foreseeable at the time of the licensed paralegalpractitioner?s misconduct, and which, but for some intervening factor or event,would probably have resulted from the licensed paralegal practitioner?smisconduct;

(i)"respondent" means a licensed paralegalpractitioner subject to the disciplinary jurisdiction of the Supreme Courtagainst whom an informal or formal complaint has been filed; and

(j) "Rules ofProfessional Conduct" means the Utah Licensed Paralegal Practitioner Rulesof Professional Conduct (including the accompanying comments).

Effective November 1, 2018