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Rule 14-113

Rule 14-113. Creation ofparalegal division.

(a) Paralegal defined. Aparalegal is a person qualified through education, training, or workexperience, who is employed or retained by a lawyer, law office, governmentalagency, or the entity in the capacity of function which involves theperformance, under the ultimate direction and supervision of an attorney, ofspecifically delegated substantive legal work, which work, for the most part,requires a sufficient knowledge of legal concepts that absent such assistance,the attorney would perform. A paralegal includes a paralegal on a contract orfree-lance basis who works under the supervision of a lawyer or who produceswork directly for a lawyer for which a lawyer is accountable.

(b) Membership and structure ofparalegal division. Qualified individuals can become "paralegal affiliates" ofthe Bar upon submitting an application to the paralegal division of the Bar andfulfilling the following:

(b)(1) an initial and annualcertification of continuous sponsorship of a paralegal affiliate by an employerwho is a member of the Bar;

(b)(2) a certification by theattorney and paralegal affiliate that the paralegal undertakes no legal workoutside the attorney's supervision or supervision of attorney members of thefirm, wherein joint sponsorship by joint employers would be permitted;

(b)(3) an assumption ofresponsibility by the attorney for the compliance of the paralegal with allapplicable rules of the Bar;

(b)(4) the paralegalaffiliate's parallel commitment that the attorney and paralegal affiliate willnotify the Bar of any change of employment of the paralegal affiliate; Theparalegal affiliate's authority to function as a paralegal affiliate willterminate concurrent with employment by the sponsor unless sponsorship isaccepted by another employer-member of the Bar; and

(b)(5) an appropriate fee.

(c) Officers of paralegaldivision and ex officio membership on the Board. The paralegal division mayappoint officers (president, vice-president, treasurer, secretary) on an annualbasis. The division may also appoint an ex officio, non-voting member of theBoard who shall report regularly to the division's membership regarding theoverall activities of the Bar.

(c)(1) Paralegal affiliates areeligible to receive the Utah Bar Journal, notices of Bar functions andbar-member rates at seminars and meetings. Paralegal affiliates are noteligible for office within the Bar.

(c)(2) Paralegal affiliatesshall not be directly subject to discipline by the Bar. However, supervising orresponsible attorneys are responsible for all work undertaken by paralegalaffiliates for or on their behalf.