2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to lawyer referral consultants.
10 Highlighted Provisions:
11 This bill:
12 ▸ subject to certain exceptions, establishes a time period during which a lawyer
13 referral consultant is prohibited from contacting a potential client.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 This bill provides a special effective date.
18 Utah Code Sections Affected:
19 AMENDS:
20 13-68-401 (Effective 05/02/24), as enacted by Laws of Utah 2023, Chapter 536
21 REPEALS:
22 13-69-201 (Effective 05/02/24), as enacted by Laws of Utah 2023, Chapter 536
23 13-69-202 (Effective 05/02/24), as enacted by Laws of Utah 2023, Chapter 536
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 13-68-401 (Effective 05/02/24) is amended to read:
27 13-68-401 (Effective 05/02/24). Unlawful acts.
28 (1) It is unlawful for a lawyer referral consultant or any other person to:
29 (a) make a false or misleading statement to a client while providing services to that
30 client;
31 (b) make a guarantee or promise to a client, unless the guarantee or promise is in
32 writing and [
33 guarantee or promise; [
34 (c) charge a client a fee for referral of the client to another person for services that the
35 lawyer referral consultant cannot or will not provide to the client[
36 (d) communicate with a prospective client for the purpose of obtaining or referring
37 business if the communication concerns a disaster, or an action for personal injury or wrongful
38 death, unless:
39 (i) the disaster, injury, or death occurred more than 30 days before the communication;
40 (ii) the prospective client is a person who has a prior familial, prior personal, or prior
41 professional relationship with the lawyer to be referred, the lawyer referral consultant, or the
42 person communicating with the prospective client;
43 (iii) the communication is initiated by the prospective client; or
44 (iv) the communication is requested by a third party who has a prior familial or prior
45 close personal relationship with the prospective client.
46 (2) A sign describing the prohibition described in Subsection (1)(c) shall be
47 conspicuously displayed in the office of a lawyer referral consultant.
48 Section 2. Repealer.
49 This bill repeals:
50 Section 13-69-201 (Effective 05/02/24), Fiduciary duty.
51 Section 13-69-202 (Effective 05/02/24), Cause of action.
52 Section 3. Effective date.
53 This bill takes effect on May 2, 2024.