As immigration-related legal concerns remain a high priority for Utah residents, local legal authorities and professionals are urging individuals to verify the credentials of anyone offering assistance to avoid the serious risks associated with the unauthorized practice of law.
Risks of Unauthorized Practice
The Utah State Bar has identified the unauthorized practice of law as a serious issue affecting both the state and the broader community, noting that this problem is particularly prevalent in immigration matters. According to the Utah State Bar, the practice of law involves representing the interests of another person by informing, counseling, advising, assisting, advocating for, or drafting documents through the application of legal principles to specific facts and circumstances.
To protect the public, the Unauthorized Practice of Law (UPL) Committee is tasked with investigating complaints against individuals and organizations that are not licensed to practice law in Utah. The Bar maintains that, with very limited exceptions, only active, licensed members of the Utah State Bar in good standing are permitted to practice law within the state.
Defining Legal Professionals
The distinction between legal professionals and non-lawyers is critical in immigration cases, where the wrong assistance can lead to significant consequences. The Utah State Bar explicitly warns that a 'notario' cannot help with legal issues and that having power of attorney does not grant an individual the authority to practice law. An attorney-in-fact serves merely as a fiduciary or agent rather than a licensed lawyer.
In contrast, a qualified lawyer is defined as a professional who has attended an American Bar Association (ABA)-approved law school and is actively licensed by the Utah State Bar. While most lawyers specialize in specific areas such as criminal law, debt, divorce, or immigration, they are the only professionals authorized to provide comprehensive legal help for any legal issue.
Limited Legal Roles
For those seeking assistance in specific areas, the Utah State Bank recognizes certain limited roles. A Licensed Paralegal Practitioner (LPP) is authorized by the Utah State Bar to engage in a limited scope of practice without direct supervision. This limited authority is restricted to specific matters, including divorce, parentage, name or gender changes, and certain debt collection cases where the amount does not exceed small claims limits.
However, any paralegal who does not hold an LPP license may only practice law under the direct supervision of a licensed attorney. Additionally, the state recognizes Registered Immigration Consultants, who are registered with the Utah Department of Commerce Division of Consumer Protection. These individuals are permitted to provide nonlegal assistance or advice on immigration matters but must adhere to specific registration requirements under Utah Code.
Regulated Assistance Providers
The state also regulates other specialized roles, such as Bankruptcy Petition Preparers (BPP). A BPP is permitted to type bankruptcy documents for a fee but is strictly prohibited from giving legal advice, such as advising a debtor on which types of bankruptcy to file or which debts to list. Furthermore, a BPP may not collect or handle court fees in connection with a bankruptcy case.
The Utah Supreme Court has also implemented the 'Sandbox' mechanism through the Office of Legal Services Innovation. This allows approved entities to test new and innovative models of legal practice within a controlled space outside traditional rules. Only entities specifically approved under the Utah Supreme Court Standing Order 15 are authorized to operate within this regulatory sandbox.
Active Immigration Practitioners
In the Salt Lake City area, several attorneys continue to provide specialized immigration services. For example, Kendall Moriarty of Teter Legal, LLC is a recognized practitioner in the field. Licensed in Utah since 2017, Moriarty earned her law degree from the University of Utah S.J. Quinney College of Law and was selected as a 'Rising Star' for 2026, an honor awarded to accomplished attorneys based on peer recognition and professional achievement.
Moriarty’s practice focuses on immigration matters, specifically within the consumer sector, and her firm is located at 1953 S 1100 East in Salt Lake City.
Verifying Legal Credentials
To ensure protection, the Utah State Bar advises all residents to verify that any lawyer or LPP they interact with is currently licensed by checking the official member directory. The Office of Professional Conduct remains responsible for disciplining lawyers who violate rules regarding out-of-state practice, and individuals can file complaints against unlicensed practitioners through the Office of Professional Conduct website.
