13-68-204. Bonds -- Exemption -- Statements dependent on posting bond.
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Effective 5/6/2026
13-68-204. Bonds -- Exemption -- Statements dependent on posting bond.
(1)A lawyer referral consultant shall submit proof of obtaining and maintaining the following in a form the division approves and in the amount of $50,000:
(a)a surety bond that a surety authorized to transact business in this state issues; or
(b)a certificate of deposit in a financial institution authorized under the laws of this state or the United States to accept deposits from the public.
(2)The division may claim a lawyer referral consultant's surety bond or certificate of deposit for the benefit of a consumer who incurs actual damages as a result of the lawyer referral consultant's failure to comply with this chapter.
(3)After a consumer recovers actual damages, the division may recover from the surety bond or certificate of deposit any administrative fine, civil penalty, investigative cost, attorney fees, and other costs of collecting and distributing funds under this section.
(a)If a surety bond or certificate of deposit that a lawyer referral consultant posts under this section is canceled due to the lawyer referral consultant's negligence, the division may assess a $300 reinstatement fee.
(b)No part of a surety bond or certificate of deposit a lawyer referral consultant posts under this section may be withdrawn:
(i)during the one-year period the registration under this chapter is in effect; or
(ii)while a revocation proceeding is pending against the lawyer referral consultant.
(a)A surety bond or certificate of deposit that a lawyer referral consultant posts under this section may be forfeited if the division revokes the lawyer referral consultant's registration under this chapter.
(b)Notwithstanding Subsection (5)(a) , the division may make a claim against a surety bond or certificate of deposit that a lawyer referral consultant posts for money the lawyer referral consultant owes to the division under this chapter without the division first revoking the lawyer referral consultant's registration.
(6)An individual may not disseminate by any means a statement indicating that the individual is a lawyer referral consultant, or proposes to engage in the business of a lawyer referral consultant, unless the individual complies with Subsection
(1).
(7)A lawyer referral consultant may not make or authorize the making of an oral or written reference to the lawyer referral consultant's compliance with Subsection
(1).
Amended by Chapter 95 , 2026 General Session