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Rule 11-502. Definitions.

As used in this article:

(a) ?Action? means a lawsuit filed bythe OPC in district court alleging Lawyer misconduct or seeking to transfer aLawyer to disability status.

(b) ?Bar?means the Utah State Bar.

(c) ?Bar Commission?or ?Commission? means the Board of Bar Commissioners of the UtahState Bar.

(d) ?Chief Disciplinary Counsel? means the lawyer the Supreme Court appoints to manage the OPC.

(e) ?Committee?means the Ethics and Discipline Committee of the Supreme Court.

(f) ?Complainant?means either (1) the person who files a Complaint, or (2) the OPC after openingan investigation.

(g) ?Complaint? means any writtenallegation of Lawyer misconduct or incapacity containing an unsworn declarationas to the accuracy of the information provided.

(h) ?injury? means harm to a client, thepublic, the legal system, or the profession that results from a lawyer?smisconduct. The level of injury can range from ?serious? injury to ?little orno? injury; a reference to ?injury? alone indicates any level of injury greaterthan ?little or no? injury.

(i) ?intent? means the conscious objective orpurpose to accomplish a particular result.

(j) ?knowledge? means the conscious awarenessof the nature or attendant circumstances of the conduct but without theconscious objective or purpose to accomplish a particular result.

(k) ?Lawyer? includes those licensed topractice law in any jurisdiction of the United States, foreign legalconsultants, and licensed paralegal practitioners, insofar as the licensedparalegal practitioner is authorized to practice under Utah Special PracticeRule 14-802, unless providedotherwise.

(l) ?licensed?includes lawyers admitted to the Bar, unless provided otherwise.

(m) ?negligence?means a Lawyer?s failure to heed a substantial risk that circumstances exist orthat a result will follow, which failure is a deviation from the standard ofcare that a reasonable Lawyer would exercise in the situation.

(n) ?Notice?means the notice the OPC sends to the Respondent after a preliminaryinvestigation, which identifies the possible violation(s) of the Rules ofProfessional Conduct or Licensed Paralegal Practitioner Rules of ProfessionalConduct, raised by the Complaint as the OPC has preliminarily determined.

(o) ?OPC?means the Office of Professional Conduct.

(p) ?OPC Counsel? means Chief DisciplinaryCounsel, deputy chief disciplinary counsel, and any assistant disciplinarycounsel.

(q) ?Oversight Committee? means thecommittee established in Rule 11-503 to oversee the OPC.

(r) ?potential injury? means the harm to aclient, the public, the legal system, or the profession that is reasonablyforeseeable at the time of the lawyer?s misconduct, and which, but for someintervening factor or event, would probably have resulted from the lawyer?smisconduct.

(s) ?Respondent?means a Lawyer subject to the disciplinary jurisdiction of the Supreme Courtagainst whom a Complaint has been filed or an Action has been initiated.

(t) ?Rules of Professional Conduct? means the rules in Chapter 13 of the Supreme CourtRules of Professional Practice and ?Licensed Paralegal Practitioner Rules ofProfessional Conduct? means the rules in Chapter 15, article 12 of theSupreme Court Rules of Professional Practice.

(u) ?Supreme Court?means the Utah Supreme Court.

Effective December 15, 2020