H.B. 150

1

ATTORNEY LIEN LAW
2 2000 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Hogue
5 AN ACT RELATING TO LIENS; PROVIDING FOR AN ATTORNEY'S LIEN FOR BOOKS,
6 PAPERS, AND WORK PRODUCT.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 ENACTS:
9 38-2-3.3, Utah Code Annotated 1953
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 38-2-3.3 is enacted to read:
12 38-2-3.3. Attorney's lien.
13 (1) An attorney shall have a general lien for the balance of compensation due from a client
14 on any moneys or property, including books, papers, work product, and judgments, in connection
15 with work performed for the client, including any action filed or research accomplished for any
16 claim, lawsuit, action, case, or proceeding.
17 (2) An attorney who's client terminates their professional relationship when there is a
18 balance due for compensation may file a notice of lien for the balance due in any cause filed by
19 the client in a court of record in which he assisted whether through preliminary research, making
20 a claim or demand on the adverse party, or filing the action.
21 (3) Any notice of lien filed with the clerk of the court in any action in Subsection (2) shall
22 set forth specifically the agreement of compensation between the attorney and client, with an
23 accounting showing amounts paid and the balance due.
24 (4) The information required to be filed in Subsection (3) may not be presented to the jury
25 in the case.
26 (5) A lien filed under this section may not be filed before 30 days has expired after a
27 demand for payment is made.

Legislative Review Note
as of 1-24-00 11:12 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel