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House approves amendment to unauthorized-practice law, sets sunset for judiciary study; bill passes 69-3
Summary
The Utah House passed an amendment to House Bill 2003 to modify the unauthorized-practice-of-law provisions, including a sunset to allow a judiciary study; Amendment 1 passed and the full bill passed the House 69-3 and was referred to the Senate.
Representative Stephen Urquhart, sponsor of House Bill 2003, told the House the measure aims to address gaps in access to legal services by permitting narrowly defined, certified nonlawyer or limited-practice providers in discrete areas of law. "Somewhere between 30 to 80% of our population can't afford basic legal services," Urquhart said, arguing the change could expand affordable help for routine matters.
The House first took up Amendment 1, offered under Representative Verkhart's name, which sets a repealing (sunset) date of May 1, 2002, to give the judiciary time to study options for expanding authorized practice safely. Representative Daniels, speaking in favor of the amendment, cautioned the body that "I hope the body is realistic in their expectations" about what the judiciary could produce in the near term and noted past task forces have only produced incremental improvements.
Urquhart described several study options the judiciary might examine, including certified limited-practice credentials for narrowly defined tasks such as domestic relations assistance or estate-planning forms and mechanisms to protect consumers (continuing education, bonding, and limited scopes of authority). He said the intent is to match legal need with goodwill and existing community expertise while avoiding harm from unqualified advice.
Representative Phil Pott and others questioned whether the change would affect real-estate transactions; Urquhart replied licensed real-estate agents could fill out standard purchase contracts within existing Division of Real Estate parameters, not supplanting title work or other services expressly reserved by law. Members pressed on feasibility and the breadth of changes; Representative Brad Johnson moved the previous question, closing debate.
The House adopted Amendment 1 and then passed House Bill 2003 on final consideration. The clerk recorded the final tally as 69 yes and 3 no; the bill passed the House and was referred to the Senate for further consideration. The House then recessed for caucus.
