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Rule 15-701. Definitions.

Asused in this article:

(a)  ??ABA? means the American Bar Association.

(b)  ?AccreditedProgram? means a course of instruction in paralegal studies from a program officiallyrecognized as meeting the standards and requirements of a regional or nationalaccrediting organization that is approved by the U.S. Department of Education,or a paralegal school or paralegal studies program that has been fully orprovisionally approved by the ABA Standing Committee on Paralegals.

(c)  ?AccreditedSchool? means a school officially recognized as meeting the standards andrequirements of a regional or national accrediting organization that isapproved by the U.S. Department of Education.

(d) ?Applicant?means each person requesting licensure as a Licensed Paralegal Practitioner.

(e)  ?ApprovedLaw School? means a law school which is fully or provisionally approved by theABA pursuant to its Standards and Rules of Procedure for Approval of Law Schools.To qualify as approved, the law school must have been fully or provisionallyapproved at the time of the Applicant?s graduation, or at the time of theApplicant's enrollment, provided that the Applicant graduated within a typicaland reasonable period of time.

(f)   ?AssociateDegree? means an undergraduate academic degree conferred by a college upon completion of thecurriculum required for an associate degree.

(g)  ?Bachelor?sDegree? means an academic degree conferredby a college or university upon completion of the undergraduate curriculum.

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

(i) ?Board?means the Board of Bar Commissioners.

(j) ?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 ofgraduation and if applicable, a test accommodation request with supportingmedical documentation.

(k)  ?ConfidentialInformation? is defined in Rule 15-720(a).

(l) ?DisbarredLawyer? means an individual who was once a licensed lawyer and is no longerpermitted to practice law.

(m)  ?ExecutiveDirector? means the executive director of the Utah State Bar or her or hisdesignee.

(n)  ?FirstProfessional Degree? means a degree that prepares the holder for admission tothe practice of law (e.g. juris doctorate) byemphasizing competency skills along with theory and analysis. An advanced,focused, or honorary degree in law is not recognized as a First ProfessionalDegree (e.g. master of laws or doctor of laws).

(o)  ?Full-time?means providing legal services as a paralegal for no fewer than 80 hours permonth.

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

(q)  ?LicensedParalegal Practitioner? means a person licensed by the Utah Supreme Court toprovide limited legal representation in the areas of (1)temporary separation, divorce, parentage, cohabitant abuse, civil stalking, andcustody and support; (2) forcible entry and detainer and unlawful detainer; or(3) debt collection matters in which the dollar amount in issue does not exceedthe statutory limit for small claims cases.

(r) ??LPP? means Licensed Paralegal Practitioner.

(s)   ??LPP Administrator? means the Bar employee incharge of LPP licensure or his or her designee.

(t) ?LPPAdmissions Committee? means those Utah State Bar members or others appointed bythe Board or president of the Bar who are charged with recommending standardsand procedures for licensure of LPPs, with implementation of this article,reviewing requests for test accommodations, and assessing the qualifications ofapplicants.

(u)  ?NALA?means the National Association of Legal Assistants.

(v)  ?NALS?means The Association for Legal Professionals.

(w)  ??NFPA? means the National Federation ofParalegal Associations.

(x)  ??National Certification? means CertifiedParalegal (CP or CLA) credential from the National Association of LegalAssistants (NALA); the Professional Paralegal (PP) credential from the NationalAssociation of Legal Professionals (NALS); or the Registered Paralegal (RP)credential from the National Federation of Paralegal Associations (NFPA).

(y)  ?OPC? means the Bar?s Office of Professional Conduct.

(z)  ?Paralegal?means a person qualified through education, training, or work experience, whois employed or retained by a lawyer, law office, governmental agency, or theentity in the capacity or function which involves the performance, under theultimate direction and supervision of an attorney, of specifically delegatedsubstantive legal work, which work, for the most part, requires a sufficientknowledge of legal concepts that absent such assistance, the attorney wouldperform.

(aa) ?ParalegalCertificate? means verification that an individual has successfully completed aparalegal studies program from an Accredited Program that includes at least 15credit hours of paralegal studies.? Thecertificate must be offered, taught, and granted by an Accredited Program.

(bb)   ?ParalegalStudies and Paralegal Studies Degree? mean course work that prepares a holder to work as a paralegal.

(cc) ?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 Boardand LPP Admissions Committee, and the identity of individuals participating inthe drafting, reviewing, grading and scoring of the LPP Licensure Examination.

(dd)?Reapplication for Licensure? means that for two years after the filing of anoriginal application, an Applicant may reapply by completing a Reapplicationfor Licensure form updating any information that has changed since the priorapplication was filed and submitting a new criminal background check.

(ee) ?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.

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

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

(hh) ?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 December 18, 2019