Utah Code 13-68-301. Requirements for written contract — Prohibited statements
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(1)
Terms Used In Utah Code 13-68-301
- Attorney: means an individual who is authorized to provide legal services in any state or territory of the United States. See Utah Code 13-68-101
- Client: means a person that is provided lawyer referral services by a lawyer referral consultant. See Utah Code 13-68-101
- Contract: A legal written agreement that becomes binding when signed.
- Division: means the Division of Consumer Protection in the Department of Commerce. See Utah Code 13-68-101
- Lawyer referral consultant: means an individual that engages in lawyer referral service. See Utah Code 13-68-101
- Lawyer referral service: means assisting a person to find an attorney or law firm that provides legal services in the legal field appropriate for the person's legal matter. See Utah Code 13-68-101
- Legal services: means any form of legal advice or legal representation that is subject to the laws of this state. See Utah Code 13-68-101
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) Before a lawyer referral consultant may provide lawyer referral services to a client, the lawyer referral consultant shall provide the client with a written contract.
(1)(b) The contents of the written contract described in Subsection (1)(a) shall comply with this section and rules made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(1)(c) A prospective client may cancel a written contract on or before midnight of the third business day after execution of the written contract, excluding weekends and state and federal holidays.
(2) A written contract under this section shall be stated in both English and in the client’s native language.
(3) A written contract under this section shall:
(3)(a) state the purpose for which the lawyer referral consultant has been hired;
(3)(b) state the one or more lawyer referral services to be performed;
(3)(c) state the price for a lawyer referral service to be performed;
(3)(d) include a statement printed in 10-point boldface type that the lawyer referral consultant is not an attorney and may not perform the legal services that an attorney performs;
(3)(e) include a provision stating that the client may report complaints relating to a lawyer referral consultant to the division, including a toll-free telephone number and Internet website;
(3)(f) include a provision stating that complaints concerning the unauthorized practice of law may be reported to the Utah State Bar, including a toll-free telephone number and Internet website; and
(3)(g) in accordance with Subsection (1)(b), include a provision stating in boldface on the first page of the written contract in both English and in the client’s native language in accordance with Subsection (2): “You may cancel this contract on or before midnight of the third business day after execution of the written contract.”
(4) A written contract may not contain a provision relating to a guarantee or promise unless the lawyer referral consultant has some basis in fact for making the guarantee or promise.
(5) A lawyer referral consultant may not make a guarantee or promise described in Subsection (4) orally to a client.
(6) A written contract is void if not written in accordance with this section.