Bill > HB0260

This bill amends existing Utah law to clarify and strengthen provisions against the unauthorized practice of law, which is defined as engaging in activities that constitute the practice of law as defined by the Utah Code of Judicial Administration, Rule 14-802, without proper authorization. The bill introduces new definitions for terms like "Board" (referring to the Utah State Bar's Board of Commissioners) and "Client." It outlines consequences for individuals found to be practicing law without authorization, including courts being required to award attorney fees and costs to affected parties, and potentially issuing injunctions, striking filings, or referring matters for criminal prosecution. The Board of Commissioners is also empowered to bring civil actions, seeking injunctions, restitution for clients, fines up to $10,000 for a fund to reimburse clients, and attorney fees. Clients who suffer damages due to the unauthorized practice of law are granted a right of action to recover attorney fees and costs, as well as potential damages and equitable relief. The bill also establishes criminal penalties, classifying the unauthorized practice of law as a class A misdemeanor, or a third-degree felony under certain aggravating circumstances such as falsely claiming to be licensed, causing significant financial or legal harm to a client, or having prior convictions. Additionally, the bill revises the statute of limitations for actions related to the unauthorized practice of law, setting a three-year period for the Board to bring civil actions and for clients to file their own lawsuits, generally starting from when the unauthorized practice occurred or when the client discovered or should have discovered the harm.

Business and Industry, Justice

https://le.utah.gov/~2026/bills/static/HB0260.html