Rule 14-113. Creation of paralegal division.

(a) Paralegal defined. A paralegal is a person qualified through education, training, or work experience, who is employed or retained by a lawyer, law office, governmental agency, or the entity in the capacity of function which involves the performance, under the ultimate direction and supervision of an attorney, of specifically 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 or free-lance basis who works under the supervision of a lawyer or who produces work directly for a lawyer for which a lawyer is accountable.

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

(b)(1) an initial and annual certification of continuous sponsorship of a paralegal affiliate by an employer who is a member of the Bar;

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

(b)(3) an assumption of responsibility by the attorney for the compliance of the paralegal with all applicable rules of the Bar;

(b)(4) the paralegal affiliate's parallel commitment that the attorney and paralegal affiliate will notify the Bar of any change of employment of the paralegal affiliate; The paralegal affiliate's authority to function as a paralegal affiliate will terminate concurrent with employment by the sponsor unless sponsorship is accepted by another employer-member of the Bar; and

(b)(5) an appropriate fee.

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

(c)(1) Paralegal affiliates are eligible to receive the Utah Bar Journal, notices of Bar functions and bar-member rates at seminars and meetings. Paralegal affiliates are not eligible for office within the Bar.

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