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Committee backs tougher remedies for unauthorized practice of law, including civil remedies and penalties
Summary
The committee adopted and favorably recommended the first substitute to HB 260, which sharpens definitions and adds civil and criminal remedies to address repeat offenders who hold themselves out as attorneys and harm clients.
Representative Anthony Loubet presented the first substitute to HB 260, which clarifies the unauthorized practice of law (UPL) standard, sets procedures for courts to remove nonlawyers from active cases, and establishes civil remedies and criminal penalties for repeat offenders. Maribeth Lahoud, who has long served on the UPL Committee, said the measure fills enforcement gaps that allow repeat nonlawyers to prey on the public — particularly in immigration and trust‑and‑estate contexts.
Witnesses included former paralegals and Bar staff who described cases in which unqualified actors caused missed hearings, erroneous filings and financial loss. Craig Peterson from the Attorney General’s Office said criminal penalties in the substitute create an enforceable status offense where prosecutors previously had to rely on fraud‑related charges. Consumer‑protection groups and the Utah Association for Justice supported the bill.
After public comment and discussion, the committee adopted the first substitute and then favorably recommended HB 260 to the House floor by unanimous vote.
