Print Version
Previous PageFile uploaded: 5/3/2021

Rule 14-402. Definitions.

As used in this article:

(a) ?Active emeritus? or?active emeritus lawyer? means a lawyer who has been a Bar member for 50 yearsor who is 75 years of age as of July 1 of the current year and who qualifiesfor active emeritus status as defined under the Bar?s rules, regulations andpolicies;

(b) ?Active status? or?active status lawyer? means a lawyer who elects to be on active status asdefined under the Bar's rules, regulations and policies;

(c) ?Admission on motionapplicant or lawyer? means a lawyer who has been admitted for reciprocaladmission as defined under Rule 14-705;

(d) ?Accredited? means:

(d)(1) as it relates to alawyer, that CLE is approved by the Board as CLE that counts towards the 12hour CLE requirement per Compliance Cycle; or

(d)(2) asit relates to a paralegal practitioner, that CLE is approved by the Board asCLE that counts towards the 6 hour CLE requirement per Compliance Cycle;

(e) ?Approved law school?means an ABA approved law school as defined under Rule 14-701;

(f) ?Bar? means the UtahState Bar;

(g) ?Bar Examination? meansthe Bar Examination as defined in Rules 14-710 and 14-711 and includes the UBE,regardless of where the UBE was taken;

(h) ?Board? means the UtahSupreme Court Board of Mandatory Continuing Legal Education as set forth inRule 14-403;

(i) ?Board of BarCommissioners? means the governing board of the Bar;

(j) ?Certificate ofCompliance? means a report evidencing a lawyer's or paralegal practitioner?scompletion of Accredited CLE as required and defined under Rule 14-414;

(k) ?CLE? means continuinglegal education, including Live CLE and Self-Study CLE;

(l) ?Comity Certificate? isa Certificate filed by a Utah lawyer to show CLE compliance with an approvedreciprocal jurisdiction (Idaho, Oregon, or Washington) where the lawyerpractices law;

(m) ?Compliance Cycle? meansthe fiscal year period (July 1 through June 30) during which:

(m)(1) an active statuslawyer admitted to practice in Utah is required to complete a minimum of 12hours of Accredited CLE; or

(m)(2) aparalegal practitioner licensed in Utah is required to complete a minimum of 6hours of Accredited CLE;

(n) ?Ethics CLE? means CLEregarding compliance with the Utah Rules of Professional Conduct with which alawyer must comply to remain authorized to practice law in Utah and remain ingood standing, including:

(n)(1) instructionon the Utah Rules of Professional Responsibility; and

(n)(2) instruction ongeneral ethical conduct or any other matter (such as law practice management orthe use of technology) that, as part of the CLE, significantly relates to anddiscusses compliance with one or more of the Utah Rules of ProfessionalResponsibility;

(o) ?Full exam? means allcomponents of the Bar Examination as defined under Rule 14-710;

(p) ?House Counsel? means alawyer admitted with a restricted House Counsel license as defined in Rule14-719, which is required and limits the lawyer?s practice of law to thebusiness of the lawyer?s employer;

(q) ?In-person CLE? meansCLE presented in a classroom setting where the lawyer or paralegal practitioneris in the same room as the presenter;

(r) ?Inactive status? meansa lawyer or paralegal practitioner who has elected to be on inactive status asdefined under the Bar?s rules, regulations and policies;

(s) ?Live CLE? meansIn-person CLE, Remote Group CLE, or Verified E- CLE;

(t) ?MCLE? or mandatorycontinuing legal education means CLE required by this article;

(u) ?New admittee?means a lawyer newly admitted to the Utah State Bar;

(v) ?NLTP? means the NewLawyer Training Program as set forth in Rule 14-404 and Rule 14-808;

(w) ?OPC? means the Officeof Professional Conduct;

(x) ?OPC ethics school?means the OPC biannual seminar on the Utah Rules of Professional Conduct whichprovides six CLE credit hours;

(y) ?Paralegal practitioner?means a person licensed by the Utah Supreme Court to provide limited legalrepresentation in the areas of (1) temporary separation, divorce, parentage,cohabitant abuse, civil stalking, and custody and support; (2) forcible entryand detainer and unlawful detainer; or (3) debt collection matters in which thedollar amount in issue does not exceed the statutory limit for small claimscases;

(z) ?Presumptively approvedsponsor? means a CLE sponsor or provider who qualifies under the standardsprescribed in Rule 14-412;

(aa) ?Presumptive CLE Accreditation? means CLE thatqualifies under the standards prescribed in Rule 14-412;

(bb)?Professionalism and Civility CLE? means CLE on conduct consistent with thetenets of the legal profession by which a lawyer demonstrates civility,honesty, integrity, character, fairness, competence, ethical conduct, publicservice, and respect for the rules of law, the courts, clients, other lawyers,witnesses and unrepresented parties, including:

(bb)(1)instruction on the Utah Standards of Professionalismand Civility; or

(bb)(2)instruction on general professional and civil conduct or another matter (suchas wellness or substance abuse) that, as part of the CLE, significantly relatesto and discusses compliance with one or more of the Utah Standards ofProfessionalism and Civility;

(cc) ?Remote Group CLE?means CLE, sponsored or cosponsored by the Bar, that is presented from alocation in Utah, via a live streaming audio-visual presentation, to anotherlocation in Utah where the lawyer or paralegal practitioner is present, inaccordance with Rule 14-418;

(dd)?Self-Study CLE? means CLE, other than Live CLE, credited for a number of hoursdetermined by the Board on a case-by-case basis, including:

(dd)(1) viewing an audio,video, or webcast presentation, computer interactive program, or a telephonicprogram;

(dd)(2) writing and publishing an article in a legalperiodical, part-time teaching in an approved law school, or delivering a paperor speech on a professional subject at a meeting primarily attended by lawyers,paralegal practitioners, legal assistants, or law school students; or

(dd)(3) community outreach,as described in Rule 14-409.

(ee) ?Supreme Court? means the Utah Supreme Court; and

(ff) ?UBE Transfers? meansapplicants who gain admission by transferring a uniform bar exam score;

(gg) ?Verified E-CLE? means CLE presented via acomputer program or over the Internet where active participation by the lawyeror paralegal practitioner in the CLE is verified by responding to scenariosduring the CLE or answering knowledge-based questions during or afterpresentation of the CLE.

(hh) ?Wellness? means well-being or mindfulnessprograms or topics, intended for attorneys and paralegal practitioners ratherthan a general audience, that are designed to:

(hh)(1) sustain or increase the capacity of attorneysand paralegal practitioners to strive for and achieve the highest aspirationallevels of professionalism, including programs aimed at increasing attorney andparalegal practitioner well-being, optimism, resilience, relationship skills,and energy and engagement in their practices;

(hh)(2) help lawyers and paralegal practitionersre-connect with, strengthen, and apply their values, strength of character, andsense of purpose toward achieving outstanding professionalism;

(hh)(3) educate lawyers and paralegal practitionersabout gender bias, diversity and inclusion, and unlawful harassment, includingsexual harassment;

(hh)(4) protect lawyers and paralegal practitioners,or help lawyers and paralegal practitioners recover, from the deleteriouseffects on professionalism of stress, mental health concerns, substance abuse,and poor staff management, financial management, or time management; or

(hh)(5) support thedevelopment of organizational cultures within firms, law departments, and legalagencies that recognize, support, and encourage outstanding professionalism.

Effective May 1, 2021.