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S.B. 13 Enrolled
This act modifies the Judicial Code by repealing Chapter 51, Attorneys and Counselors, and
moving two of the sections from that chapter to other parts of the code.
This act affects sections of Utah Code Annotated 1953 as follows:
RENUMBERS AND AMENDS:
38-2-7, (Renumbered from 78-51-41, as last amended by Chapter 100, Laws of Utah 1989)
78-2-4.5, (Renumbered from 78-51-45, as enacted by Chapter 83, Laws of Utah 2000)
REPEALS:
78-51-1, Utah Code Annotated 1953
78-51-2, as last amended by Chapter 214, Laws of Utah 1971
78-51-3, as last amended by Chapter 214, Laws of Utah 1971
78-51-4, as last amended by Chapter 214, Laws of Utah 1971
78-51-5, Utah Code Annotated 1953
78-51-6, as last amended by Chapter 214, Laws of Utah 1971
78-51-7, as last amended by Chapter 214, Laws of Utah 1971
78-51-8, Utah Code Annotated 1953
78-51-9, Utah Code Annotated 1953
78-51-10, Utah Code Annotated 1953
78-51-11, Utah Code Annotated 1953
78-51-12, as last amended by Chapter 12, Laws of Utah 1981
78-51-13, Utah Code Annotated 1953
78-51-14, Utah Code Annotated 1953
78-51-15, Utah Code Annotated 1953
78-51-16, as last amended by Chapter 20, Laws of Utah 1995
78-51-17, Utah Code Annotated 1953
78-51-18, Utah Code Annotated 1953
78-51-19, Utah Code Annotated 1953
78-51-20, Utah Code Annotated 1953
78-51-21, as last amended by Chapter 215, Laws of Utah 1971
78-51-22, as last amended by Chapter 175, Laws of Utah 1957
78-51-23, Utah Code Annotated 1953
78-51-24, as last amended by Chapter 195, Laws of Utah 1963
78-51-25, as last amended by Chapter 196, Laws of Utah 1963
78-51-26, Utah Code Annotated 1953
78-51-27, Utah Code Annotated 1953
78-51-28, as last amended by Chapter 20, Laws of Utah 1995
78-51-29, Utah Code Annotated 1953
78-51-30, as last amended by Chapter 216, Laws of Utah 1971
78-51-31, Utah Code Annotated 1953
78-51-32, Utah Code Annotated 1953
78-51-33, Utah Code Annotated 1953
78-51-34, Utah Code Annotated 1953
78-51-35, as last amended by Chapter 20, Laws of Utah 1995
78-51-36, Utah Code Annotated 1953
78-51-37, Utah Code Annotated 1953
78-51-38, Utah Code Annotated 1953
78-51-39, Utah Code Annotated 1953
78-51-40, Utah Code Annotated 1953
78-51-42, Utah Code Annotated 1953
78-51-43, as last amended by Chapter 20, Laws of Utah 1995
78-51-44, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 38-2-7 , which is renumbered from Section 78-51-41 is renumbered and
amended to read:
[
The compensation of an attorney and counselor for services is governed by agreement,
express or implied, which is not restrained by law. From the commencement of an action, or the
service of an answer containing a counterclaim or at the time that the attorney and client enter into
a written or oral employment agreement, the attorney who is so employed has a lien upon the client's
cause of action or counterclaim, which attaches to any settlement, verdict, report, decision, or
judgment in the client's favor and to the proceeds thereof in whosoever hands they may come, and
cannot be affected by any settlement between the parties before or after judgment. Any written
employment agreement shall contain a statement that the attorney has a lien upon the client's cause
of action or counterclaim.
Section 2. Section 78-2-4.5 , which is renumbered from Section 78-51-45 is renumbered and
amended to read:
[
(1) The Utah State Bar shall require each person applying for admission to the Utah State
Bar to submit a complete set of fingerprints for the purpose of conducting a national criminal history
background check.
(2) Fingerprints of applicants for admission to the Utah State Bar shall be submitted to the
Department of Public Safety, Bureau of Criminal Identification to be used to conduct a criminal
history background check and to the Federal Bureau of Investigation to obtain a national criminal
history background check.
(3) The criminal history background information obtained from the Department of Public
Safety and the national criminal history background information obtained from the Federal Bureau
of Investigation pursuant to this section may be used by the Utah State Bar to determine an
applicant's character, fitness, and suitability for admission to the Utah State Bar.
Section 3. Repealer.
This act repeals:
Section 78-51-1, Utah State Bar -- Qualification for membership.
Section 78-51-2, Board of commissioners -- Number -- Term -- Vacancies.
Section 78-51-3, Territorial divisions.
Section 78-51-4, Number of commissioners from each division.
Section 78-51-5, Nomination of commissioners.
Section 78-51-6, Election of commissioners.
Section 78-51-7, Organization of board.
Section 78-51-8, Meetings -- Annual and special -- Notice.
Section 78-51-9, Bylaws.
Section 78-51-10, Admission to practice law -- Qualifications -- Enrollment -- Oath --
Fees.
Section 78-51-11, Roll of attorneys and counselors.
Section 78-51-12, Disciplinary proceedings -- Rules established by board -- Disciplinary
committees -- Written response to complainants -- Proceedings subject to open meetings law.
Section 78-51-13, Board of commissioners -- Powers -- Conduct of members of bar
holding judicial office.
Section 78-51-14, Rules and regulations -- Supreme Court to approve.
Section 78-51-15, Hearings and witnesses.
Section 78-51-16, Rights of accused.
Section 78-51-17, Record of proceedings.
Section 78-51-18, Findings and report.
Section 78-51-19, Review by Supreme Court -- Inherent powers of courts not affected.
Section 78-51-20, Studies and recommendations by state bar.
Section 78-51-21, Annual license -- Fees -- Disbursement of funds.
Section 78-51-22, Issuance of license -- Form.
Section 78-51-23, Powers of board respecting funds.
Section 78-51-24, Active and inactive members of bar.
Section 78-51-25, Practicing without a license prohibited -- Action or proceedings to
enforce -- Exception.
Section 78-51-26, Duties of attorneys and counselors.
Section 78-51-27, Certain conduct forbidden -- Penalty.
Section 78-51-28, Exceptions.
Section 78-51-29, Permitting use of name forbidden -- Penalty.
Section 78-51-30, Partnership with public prosecutor.
Section 78-51-31, Deceit and collusion.
Section 78-51-32, Authority of attorneys and counselors.
Section 78-51-33, Proof of authority for appearance.
Section 78-51-34, Change of attorney.
Section 78-51-35, Effect -- Notice of change.
Section 78-51-36, Notice to appoint successor.
Section 78-51-37, Conviction of crime -- Judgment of disbarment -- Duty of clerks of
court.
Section 78-51-38, Suretyship -- Attorney forbidden to assume.
Section 78-51-39, Certain officials not to practice law.
Section 78-51-40, Corporations and associations forbidden to practice -- Exceptions.
Section 78-51-42, Refusing to pay over money -- Penalty.
Section 78-51-43, Exception -- Demand for bond.
Section 78-51-44, Exception on giving bond.
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