(1) As used in this section: (a) "Board" means the Board of Commissioners for the Utah State Bar. (b) "Client" means a person that is provided, or has been provided, a service constituting the practice of law. (c) "Practice of law" means the same as that term is defined in Utah Code of Judicial Administration, Rule 14-802. (d) "Unauthorized practice of law" means conduct that is a violation of Subsection (2). (2) Unless otherwise provided by law or court rule, a person may not practice law or assume to act or hold oneself out to the public as a person qualified to practice law within this state if the person: (a) is not admitted and licensed to practice law within this state; (b) has been disbarred or suspended from the practice of law; or (c) is prohibited from practicing law by court order entered pursuant to the courts' inherent powers or published court rule. (3) (a) If a court determines, by a preponderance of the evidence, that a person engaged in the unauthorized practice of law in a proceeding before the court: (i) the court shall award attorney fees and costs incurred by any party as a result of the person's unauthorized practice of law; and (ii) the court may: (A) strike any filing by the person; (B) subject to Subsection (7), issue an injunction enjoining the person from engaging in the unauthorized practice of law before the court; or (C) refer the matter to the board for civil action or to a prosecuting attorney for criminal action. (b) A court may make a determination described in Subsection (3)(a) upon a motion by a party or the court's own motion. (4) (a) The board may bring a civil action against a person for engaging in the unauthorized practice of law. (b) If the board prevails on the civil action described in Subsection (4)(a), the court may: (i) subject to Subsection (7), issue an injunction enjoining the person from engaging in the unauthorized practice of law; (ii) order the person to return any payment that the person received from a client for any service that constituted the unauthorized practice of law; (iii) order the person to pay up to $10,000 to a fund that reimburses clients for losses caused by dishonest persons admitted to the practice of law; (iv) award reasonable attorney fees and costs to the board; or (v) order any other relief necessary to prevent the person from engaging in the unauthorized practice of law. (5) (a) A client has a right of action against a person if the client sustains damages or other harm as a result of the person engaging in the unauthorized practice of law. (b) If a client bringing a right of action described in Subsection (5)(a) prevails in that action: (i) the court shall award reasonable attorney fees and costs to the client; and (ii) the court may award the following remedies to the client: (A) general damages; (B) special damages; or (C) equitable relief, including an injunction described in Subsection (7). (6) An action described in Subsection (4) or (5) may only be brought within the time period described in Section 78B-2-305. (7) (a) The court may only issue an injunction described in Subsection (3), (4), or (5) upon a showing, by a preponderance of the evidence, that a person engaged in, or is engaging in, the unauthorized practice of law. (b) An injunction described in Subsection (7)(a) shall include terms that the court considers equitable and reasonable. (c) Proof of monetary damages is not necessary for a court to issue an injunction under this Subsection (7). (8) (a) Except as provided in Subsection (8)(b), a person who engages in the unauthorized practice of law is guilty of a class A misdemeanor. (b) A person who engages in the unauthorized practice of law is guilty of a third degree felony if: (i) the person falsely represents to a client that the person is licensed or otherwise authorized to engage in the practice of law in this state; (ii) the person's unauthorized practice of law causes a client to suffer: (A) monetary loss or damages exceeding $1,000; or (B) a significant impairment of a legal right; or (iii) the person has been previously convicted of the unauthorized practice of law. (c) The attorney general, or a county or district attorney, may investigate and prosecute the unauthorized practice of law. (9) Nothing in this section prohibits an individual from personally and fully representing that individual's own interests in a cause to which that individual is a party in the individual's own right and not as an assignee. (10) Nothing in this section limits the authority of the Supreme Court to regulate the practice of law.
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