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Rule 15-1108. Relief granted by award;accord and satisfaction application to court; confidentiality; enforceabilityof award; claims of malpractice.

 

(a) If theaward determines that the licensed paralegal practitioner is not entitled toany portion of the disputed fee, service of a copy of such award on thelicensed paralegal practitioner:

(a)(1)terminates all claims and interests of the licensed paralegal practitioneragainst the client with respect to the subject matter of the arbitration;

(a)(2) terminatesall right of the licensed paralegal practitioner to retain possession of anydocuments, records or other properties of the client pertaining to the subjectmatter of the arbitration then held under claim of the paralegal practitioner?slien or for other reasons; and

(a)(3)terminates all right of the licensed paralegal practitioner to oppose thesubstitution of one or more other licensed paralegal practitioners designatedby the client in any pending litigation pertaining to the subject matter of thearbitration.

(b) If theaward determines that the licensed paralegal practitioner is entitled to someportion of his fee, the award shall state the amount to which he or she isentitled and payment of this amount shall:

(b)(1) constitute a complete accord and satisfaction of all claimsof the licensed paralegal practitioner against the client with respect to thesubject matter of the arbitration;

(b)(2)terminate all right of the licensed paralegal practitioner to retain possessionof any documents, records or other properties of the client pertaining to thesubject matter of the arbitration then held under claim of the licensedparalegal practitioner?s lien or for other reasons; and

(b)(3)terminate all right of the licensed paralegal practitioner to oppose thesubstitution of one or more other licensed paralegal practitioners designatedby the client in place of the licensed paralegal practitioner in any pendinglitigation pertaining to the subject matter of the arbitration.

(c)Confidentiality. All documents, records, files, proceedings and hearingspertaining to the arbitration of a fee dispute under these rules shall not beopen to the public or to a person not involved in the dispute.

(d) If bothparties have signed a binding agreement to arbitrate any award rendered in suchcase may be enforced by any court of competent jurisdiction in the mannerprovided in the Utah Uniform Arbitration Act without further assistance by theBar.

(e) Claims of malpractice. A decision rendered by the panelregarding a disputed fee generated by the licensed paralegalpractitioner/client relationship shall not bar any claim the client may haveagainst the licensed paralegal practitioner for malpractice by the licensedparalegal practitioner in the course of the licensed paralegalpractitioner/client relationship.

Effective November 1, 2018