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