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Rule15-701. Definitions.

As used in thisarticle:

(a)   ?ABA? means the American BarAssociation.

(b)  ?Accredited School? means a schoolofficially recognized as meeting the standards and requirements of a regionalor national accrediting organization that is approved by the U.S. Department ofEducation.

(c)   ?Applicant? means each person requestinglicensure as a Licensed Paralegal Practitioner.

(d)  ?Approved Law School? means a law schoolwhich is fully or provisionally approved by the ABA pursuant to its Standards andRules of Procedure for Approval of Law Schools. To qualify as approved, the lawschool must have been fully or provisionally approved at the time of theApplicant's graduation, or at the time of the Applicant's enrollment, providedthat the Applicant graduated within a typical and reasonable period of time.

(e)   ?Associate Degree? means anundergraduate academic degree conferredby a college upon completion of the curriculum required for an associatedegree.

(f)   ?Bachelor?s Degree? means anacademic degree conferredby a college or university upon completion of the undergraduate curriculum.

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

(h)  ?Board? means the Board of BarCommissioners.

(i)    ?Complete Application? means anapplication that includes all fees and necessary application forms, along withany required supporting documentation, character references, a criminalbackground check, a photo, an official certificate of graduation and ifapplicable, a test accommodation request with supporting medical documentation.

(j)    ?Confidential Information? is defined inRule 15-720(a).

(k)  ?Disbarred Lawyer? means an individualwho was once a licensed lawyer and is no longer permitted to practice law.

(l)    ?Executive Director? means the executivedirector of the Utah State Bar or her or his designee.

(m)?First Professional Degree? means adegree that prepares 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).

(n)  ?Full-time? means providing legalservices as a paralegal for no fewer than 80 hours per month.

(o)  ?General Counsel? means the GeneralCounsel of the Utah State Bar or her or his designee.

(p)  ?Licensed Paralegal Practitioner? meansa person licensed by the Utah Supreme Court to provide limited legalrepresentation in the areas of (1) temporaryseparation, divorce, parentage, cohabitant abuse, civil stalking, and custodyand support; (2) forcible entry and detainer and unlawful detainer; or (3) debtcollection matters in which the dollar amount in issue does not exceed thestatutory limit for small claims cases.

(q)  ?LPP? means Licensed Paralegal Practitioner.

(r)    ?LPP Administrator? means the Baremployee in charge of LPP licensure or his or her designee.

(s)   ?LPP Admissions Committee? means thoseUtah State Bar members or others appointed by the Board or president of the Barwho are charged with recommending standards and procedures for licensure ofLPPs, with implementation of this article, reviewing requests for testaccommodations, and assessing the qualifications of applicants

(t)    ?NALA? means the National Association ofLegal Assistants.

(u)  ?NALS? means The Association for LegalProfessionals.

(v)  ?OPC? meansthe Bar?s Office of Professional Conduct.

(w)?Paralegal? means a person qualifiedthrough education, training, or work experience, who is employed or retained bya lawyer, law office, governmental agency, or the entity in the capacity orfunction which involves the performance, under the ultimate direction andsupervision of an attorney, of specifically delegated substantive legal work,which work, for the most part, requires a sufficient knowledge of legal conceptsthat absent such assistance, the attorney would perform.

(x)  ?Paralegal Certificate? meansverification that an individual has successfully completed an accreditedparalegal education program.

(y)  ?Paralegal Studies and Paralegal StudiesDegree? mean course work thatprepares a holder to work as a paralegal.

(z)   ?Privileged Information? in this articleincludes: information subject to the attorney-client privilege, attorney workproduct, test materials and applications of examinees; correspondence andwritten decisions of the Board and LPP Admissions Committee, and the identityof individuals participating in the drafting, reviewing, grading and scoring ofthe LPP Licensure Examination.

(aa)? ?Reapplication for Licensure? means that fortwo years after the filing of an original application, an Applicant may reapplyby completing a Reapplication for Licensure form updating any information thathas changed since the prior application was filed and submitting a new criminalbackground check.

(bb) ?SubstantiveLaw-Related Experience? means the provision of legal services as a Paralegal,paralegal student or law student including, but not limited to, draftingpleadings, legal documents or correspondence, completing forms, preparingreports or charts, legal research, and interviewing clients or witnesses.Substantive Law-Related Experience does not include routine clerical oradministrative duties. Substantive Law-Related Experience for licensure inlandlord-tenant and debt collection includes, but is not limited to, theprovision of legal services as a Paralegal supervised by a licensed attorney,paralegal student or law student in the areas of bankruptcy, real estate,mortgage and/or banking law.

(cc) ?SupremeCourt? means the Utah Supreme Court.

(dd) ?UnapprovedLaw School? means a law school that is not fully or provisionally approved bythe ABA.

(ee) ?UpdatedApplication? means that an Applicant is required to amend and update her or hisapplication on an ongoing basis and correct any information that has changedsince the application was filed.

 

Effective November 1, 2018