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H.B. 150
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ATTORNEY LIEN LAW
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: David L. Hogue
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AN ACT RELATING TO LIENS; PROVIDING FOR AN ATTORNEY'S LIEN FOR BOOKS,
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PAPERS, AND WORK PRODUCT.
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This act affects sections of Utah Code Annotated 1953 as follows:
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ENACTS:
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38-2-3.3, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
38-2-3.3
is enacted to read:
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38-2-3.3. Attorney's lien.
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(1) An attorney shall have a general lien for the balance of compensation due from a client
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on any moneys or property, including books, papers, work product, and judgments, in connection
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with work performed for the client, including any action filed or research accomplished for any
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claim, lawsuit, action, case, or proceeding.
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(2) An attorney who's client terminates their professional relationship when there is a
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balance due for compensation may file a notice of lien for the balance due in any cause filed by
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the client in a court of record in which he assisted whether through preliminary research, making
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a claim or demand on the adverse party, or filing the action.
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(3) Any notice of lien filed with the clerk of the court in any action in Subsection (2) shall
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set forth specifically the agreement of compensation between the attorney and client, with an
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accounting showing amounts paid and the balance due.
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(4) The information required to be filed in Subsection (3) may not be presented to the jury
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in the case.
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(5) A lien filed under this section may not be filed before 30 days has expired after a
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demand for payment is made.
Legislative Review Note
as of 1-24-00 11:12 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.