Utah Sup. Ct. R. Prof'l. Prac. 11-602

As amended through October 28, 2024

Rule 11-602 - Definitions

As used in this article:

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

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

(c) "Admission on motion applicant or lawyer" means a lawyer who has been admitted for reciprocal admission as defined under Rule 14-705

(d) Accredited means:

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

(2) as it relates to a licensed paralegal practitioner, that CLE is approved by the Board as CLE that counts towards the six 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 Utah State Bar;

(g) "Bar Examination" means the Bar Examination as defined in Rules 14-710 and 17 14-711 and includes the UBE, regardless of where the UBE was taken;

(h) "Board" means the Utah Supreme Court Board of Mandatory Continuing Legal Education as set forth in Rule 11-603;

(i) "Board of Bar Commissioners" means the governing board of the Bar;

(j) "Certificate of Compliance" means a report evidencing a lawyer's or licensed paralegal practitioner's completion of Accredited CLE as required and defined under Rule 11-614;

(k)"CLE" means continuing legal education, including Verified CLE and Elective CLE;

(l) "Comity Certificate" is a Certificate filed by a Utah lawyer to show CLE compliance with an approved reciprocal jurisdiction (Idaho, Oregon, or Washington) where the lawyer practices law;

(m) "Compliance Cycle" means the fiscal year period (July 1 through June 30) during which:

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

(2) a licensed paralegal practitioner licensed in Utah is required to complete a minimum of six hours of Accredited CLE;

(n) "Director" means the person appointed by the Supreme Court to provide administrative assistance to the Board, perform duties delegated by the Board, and manage MCLE staff as outlined in Rule 11-603 and directed by the Board.

(o) "Ethics CLE" means CLE which significantly relates to and discusses compliance with the Utah Rules of Professional Conduct including general ethical conduct or any other matter (such as law practice management, disciplinary procedure, or the use of technology).

(p) Elective CLE" means CLE, other than Verified CLE, credited for a number of hours as specified by these rules or determined by the Board on a case-by-case basis, including:

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

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

(3) community outreach, as described in Rule 11-609; or

(4) Pro Bono Legal Services, as described in Rule 11-619.

(q) "Full exam" means all components of the Bar Examination as defined under Rule 14-710;

(r) "House Counsel" means a lawyer admitted with a restricted House Counsel license as defined in Rule 14-719, which is required and limits the lawyer's practice of law to the business of the lawyer's employer;

(s) "In-person CLE" means CLE presented in a classroom setting where the lawyer or licensed paralegal practitioner is in the same room as the presenter.

(t) "Inactive status" means a lawyer or licensed paralegal practitioner who has elected to be on inactive status as defined under the Bar's rules, regulations and policies;

(u) Licensed paralegal practitioner" means a person licensed by the Utah Supreme 73 Court to provide limited legal representation as described in Rule 14-802.

(v) "MCLE" or mandatory continuing legal education means CLE required by this article;

(w) "New admittee" means a lawyer newly admitted to the Utah State Bar;

(x) "NLTP" means the New Lawyer Training Program as set forth in Rule 14-404 and Rule 14-808;

(y) "OPC" means the Office of Professional Conduct;

(z) "OPC ethics school" means the OPC biannual seminar on the Utah Rules of Professional Conduct which provides six CLE credit hours;

(aa) "Presumptively approved sponsor" means a CLE sponsor or provider who qualifies under the standards prescribed in Rule 11-612;

(bb) "Presumptive CLE accreditation" means CLE that qualifies under the standards prescribed in Rule 11-612;

(cc) "Pro Bono Legal Services" has the meaning described in Rule 6.1 of the Utah Rules of Professional Conduct.

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

(1) the Utah Standards of Professionalism and Civility; or

(2) general professional and civil conduct or another matter that, as part of the CLE, significantly relates to and discusses compliance with one or more of the Utah Standards of Professionalism and Civility;

(3) Well-being;

(4) time management, effective client communication, or law practice management;

(5) the development of organizational cultures that foster professionalism and civility in the practice of law and a positive work environment;

(6) substance use disorder; and

(7) equal access to justice, fairness, and respect for others.

(ee) "Remote Group CLE" means CLE, sponsored or cosponsored by the Bar, that is presented from a location in Utah, via a live streaming audio-visual presentation, to another location in Utah where the lawyer or licensed paralegal practitioner is present, in accordance with Rule 11-618;

(ff) "Sponsoring entity" means an organization that qualifies as a sponsoring entity under Utah Code of Judicial Administration, Rule 14-803.

(gg) "Supreme Court" means the Utah Supreme Court;

(hh) "UBE Transfers" means applicants who gain admission by transferring a uniform bar exam score;

(ii) "Verified CLE" means In-person CLE, Remote Group CLE, or Verified E- CLE;

(jj) "Verified E-CLE" means CLE presented via a computer program or over the Internet where active participation by the lawyer or licensed paralegal practitioner in the CLE is verified by responding to scenarios during the CLE or answering knowledge-based questions during or after presentation of the CLE.

(kk) "Well-being," as described by the National Task Force on Lawyer Well-Being, means a continuous process whereby lawyers and licensed paralegal practitioners seek to thrive in each of the following areas: emotional health, occupational pursuits, creative or intellectual endeavors, sense of meaningfulness or greater purpose in life, physical health, and social connections with others";

(ll) "Well-being CLE" means instruction that:

(1) identifies and teaches principles or skills that can be applied to enhance well- 147 being; and

(2) ties those principles or skills to the practice of law based on circumstances, challenges, or stressors that are commonly or uniquely faced by lawyers or licensed paralegal practitioners.

Utah. Sup. Ct. R. Prof'l. Prac. 11-602

Amended and renumbered March 29, 2024 effective 5/1/2024; amended August 14, 2024, effective 11/1/2024.