The Paralegal Division of the Utah State Bar offers these guidelines to support attorneys, paralegals, and Licensed Paralegal Practitioners (LPPs) in upholding the highest standards of professional excellence. When utilized effectively, paralegal and LPP services enhance the efficiency of legal practice and help expand the public’s access to affordable legal assistance. The Utah Code of Judicial Administration Rule 14-113 defines the roles of paralegals and outlines the structure and purpose of the Paralegal Division. Additionally, the Utah Code of Judicial Administration Rule 14-802 establishes the scope of an LPP’s authorized practice of law, including the qualifications, requirements, and limitations that govern their work.
I. Defining the Paralegal Roles in Utah Utah recognizes two distinct categories of paralegal professionals:
Paralegal (Supervised): A person qualified through education or experience who performs substantive legal work under the ultimate direction and supervision of a bar licensee (attorney or LPP).
Licensed Paralegal Practitioner (LPP): A mid-level legal provider licensed by the Utah State Bar to provide limited legal services in specific practice areas without direct attorney supervision.
II. Authorized Tasks for Supervised Paralegals Under UCJA Rule 14-113, attorneys may delegate substantive legal tasks to a paralegal, including but not limited to:
Client Contact: Conducting interviews and maintaining contact (provided the client is aware of the paralegal’s status).
Research & Investigation: Performing legal, statistical, and documentary research for attorney review.
Drafting: Preparing legal documents, pleadings, and correspondence for attorney signature.
Litigation Support: Summarizing depositions and attending hearings or trials with the supervising attorney.
III. Independent Scope of Practice (LPPs) LPPs are authorized under UCJA Rule 14-802 to practice independently in:
Family Law: Divorce, custody, and support.
Forcible Entry & Detainer: Eviction matters.
Debt Collection: Matters within small claims court limits.
IV. Ethical Canons & Professional Responsibility All paralegals in Utah must adhere to the Canons of Ethics:
Disclosure: Paralegals must establish their non-lawyer status at the outset of any professional relationship.
Confidentiality: Every paralegal has a strict duty to preserve all client confidences.
Conflict of Interest: Reasonable measures must be taken to prevent conflicts resulting from employment or outside interests.
Prohibited Conduct: Unless licensed as an LPP in a specific area, paralegals may not establish attorney-client relationships, set legal fees, or give independent legal advice.
V. Supervision Requirements The supervising attorney or LPP remains professionally responsible for the work product and conduct of the paralegal. Supervision must be active and include clear instruction on ethical obligations.