63M-7-524.  Attorney fees.

(1)  The claims procedures shall be sufficiently simple that the assistance of an attorney is unnecessary, and no attorney fees may be paid for the assistance of an attorney or any other representative in filing the reparations claim or providing information to the reparations officer.

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class B misdemeanorup to 6 monthsup to $1,000
For details, see Utah Code § 76-3-204

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Terms Used In Utah Code 63M-7-524

  • Perpetrator: means the individual who actually participated in the criminally injurious conduct. See Utah Code 63M-7-502
  • Person: means :Utah Code 68-3-12.5
  • Reparations award: means money or other benefits provided to a claimant or to another on behalf of a claimant after the day on which a reparations claim is approved by the office. See Utah Code 63M-7-502
  • Reparations claim: means a claimant's request or application made to the office for a reparations award. See Utah Code 63M-7-502
  • Reparations officer: includes the director when the director is acting as a reparations officer. See Utah Code 63M-7-502
  • Representative: means the victim, immediate family member, legal guardian, attorney, conservator, executor, or an heir of an individual. See Utah Code 63M-7-502
  • Victim: means an individual who suffers bodily or psychological injury or death as a direct result of:
    (i) criminally injurious conduct; or
    (ii) the production of pornography in violation of Section 76-5b-201 or 76-5b-201. See Utah Code 63M-7-502
    (2)  Attorney fees may be granted in the following circumstances and shall be paid out of the reparations award not to exceed 15% of the amount of the reparations award:

    (a)  when a reparations award is denied and, after a hearing, the decision to deny is overturned; or

    (b)  when minor dependents of a deceased victim require assistance in establishing a trust or determining a guardian.

    (3) 

    (a)  An attorney or any other person providing assistance in a reparations claim, who contracts for or receives sums not allowed under this part, is guilty of a class B misdemeanor.

    (b)  This Subsection (3) does not apply to attorneys who assist the victim in filing a civil action against the perpetrator.

    Amended by Chapter 149, 2020 General Session