First Substitute H.B. 349

Representative Greg J. Curtis proposes the following substitute bill:

1 PRACTICE OF LAW AMENDMENTS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Stephen H. Urquhart
5 This act defines the practice of law and states that only persons admitted by the Supreme
6 Court may practice law in this state. This act has an effective date.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 63-55b-178, as last amended by Chapter 49, Laws of Utah 2002
10 ENACTS:
11 78-9-102, Utah Code Annotated 1953
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 63-55b-178 is amended to read:
14 63-55b-178. Repeal dates, Title 78.
15 Section 78-9-101 is repealed [May 1, 2003] May 3, 2004.
16 Section 2. Section 78-9-102 is enacted to read:
17 78-9-102. Practice of law defined -- Who may practice.
18 (1) The term "practice law" means appearing as an advocate in any criminal proceeding
19 or before any court of record in this state in a representative capacity on behalf of another
20 person.
21 (2) Only persons who have been admitted by the Supreme Court of this state to practice
22 law may practice or hold themselves out as licensed to practice law in this state.
23 (3) A person may not use "J.D.", "Esq.", "attorney", or "attorney-at-law" on business
24 cards, signs, advertisements, or official documents as those terms are used to indicate status as
25 an attorney, unless licensed to practice law.

26 Section 3. Effective date.
27 This act takes effect May 1, 2003, except Section 78-9-102 which takes effect on May
28 3, 2004.

*HB0349S1*