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Rule 14-801. Definitions.

As usedin this article:

(a) ?Active status? means a Barlicensing category as defined by Rule 14-203(a) and Rule 14-802, and the Bar?srules, regulations, and policies.

(b) ?Approved legal servicesorganization? means a Utah nonprofit legal services organizationapproved by the Bar as set forth herein. A legal services organization seekingapproval must file a petition with the Bar, attaching copies of its Articles ofIncorporation and Bylaws, if any, and certifying that it is a nonprofitorganization, reciting with specificity:

(1) thestructure of the organization and whether it accepts funds from its clients;

(2) the majorsources of funds used by the organization;

(3) thecriteria used to determine potential clients? eligibility for legal servicesperformed by the organization;

(4) the typesof legal and nonlegal service theorganization performs;

(5) the namesof all Bar members employed by the organization or who regularly perform legalwork for the organization; and

(6) theexistence and extent of malpractice insurance that will cover the volunteerattorneys, with such documentation being updated on an annual basis.

(c) ?Attorney applicant? means alawyer applicant as defined by Rule 14-701.

(d) ?Bar? means the Utah StateBar.

(e) ?CLE?means MCLE accredited continuing legal education.

(f) ?Inactive status? means aBar licensing category as defined by Rule 14-203(a), Rule 14-802, and the Bar?srules, regulations, and policies.

(g) ?MCLE? means MandatoryContinuing Legal Education as set forth in Rule 14-401 et seq.

(h) ?Mentoring CompletionCertification? means the certification form in the NLTP appendixof forms.

(i) ?NLTP? means the Bar?s NewLawyer Training Program as set forth in Rule 14-808.

(j) ?OPC? means the Office ofProfessional Conduct.

(k) ?Supervising attorney,?except as used in Rule 14-807, means an active Barmember who generally supervises a volunteer attorney. The supervising attorneymust:

(1) beemployed by an approved legal services organization;

(2) assume professional responsibilityas contemplated by Rule 5.1 of the Utah Rules of Professional Conduct forsupervising the conduct of any litigation, administrative proceeding or otherlegal services in which the volunteer attorney participates providing, however,that concurrent administrative or judicial appearance is at the discretion ofthe supervising attorney;

(3) assist thevolunteer attorney?s legal service preparation to the extent that thesupervisory attorney considers it necessary; and

(4) ensurealong with the agency that the volunteer attorney has appropriate and adequatetraining, knowledge and competency to perform the legal servicepermitted. 

Effective December 15, 2020