Utah Courts
SCRP Rule 4-801 (Supreme Court Rules of Professional Practice)
SCRP Rule 4-801 (Supreme Court Rules of Professional Practice)
Rule 4-801. Definitions.
As used in this article:
(a) “Active status” means a Bar licensing category as defined by Rule 14-203(a) and Rule 14-802, and the Bar’s rules, regulations, and policies.
(b) “Approved legal services organization” means a Utah nonprofit legal services organization approved by the Bar as set forth herein. A legal services organization seeking approval must file a petition with the Bar, attaching copies of its Articles of Incorporation and Bylaws, if any, and certifying that it is a nonprofit organization, reciting with specificity:
(1) the structure of the organization and whether it accepts funds from its clients;
(2) the major sources of funds used by the organization;
(3) the criteria used to determine potential clients’ eligibility for legal services performed by the organization;
(4) the types of legal and nonlegal service the organization performs;
(5) the names of all Bar members employed by the organization or who regularly perform legal work for the organization; and
(6) the existence and extent of malpractice insurance that will cover the volunteer attorneys, with such documentation being updated on an annual basis.
(c) “Attorney applicant” means a lawyer applicant as defined by Rule 14-701.
(d) “Bar” means the Utah State Bar.
(e) “CLE” means MCLE accredited continuing legal education.
(f) “Inactive status” means a Bar licensing category as defined by Rule 14-203(a), Rule 14-802, and the Bar’s rules, regulations, and policies.
(g) “MCLE” means Mandatory Continuing Legal Education as set forth in Rule 14-401 et seq.
(h) “Mentoring Completion Certification” means the certification form in the NLTP appendix of forms.
(i) “NLTP” means the Bar’s New Lawyer Training Program as set forth in Rule 14-808.
(j) “OPC” means the Office of Professional Conduct.
(k) “Supervising attorney,” except as used in Rule 14-807, means an active Bar member who generally supervises a volunteer attorney. The supervising attorney must:
(1) be employed by an approved legal services organization;
(2) assume professional responsibility as contemplated by Rule 5.1 of the Utah Rules of Professional Conduct for supervising the conduct of any litigation, administrative proceeding or other legal services in which the volunteer attorney participates providing, however, that concurrent administrative or judicial appearance is at the discretion of the supervising attorney;
(3) assist the volunteer attorney’s legal service preparation to the extent that the supervisory attorney considers it necessary; and
(4) ensure along with the agency that the volunteer attorney has appropriate and adequate training, knowledge and competency to perform the legal service permitted.
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