PRINTER'S NO. 720
No. 682 Session of 1999
INTRODUCED BY TRAVAGLIO, BELARDI, M. COHEN, PESCI, GODSHALL AND
STABACK, MARCH 2, 1999
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 2, 1999
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 unauthorized solicitation of agreements authorizing an
4 attorney at law to perform legal services; and providing for
5 representation in assessment appeals.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 2525 of Title 42 of the Pennsylvania
9 Consolidated Statutes is amended to read:
10 § 2525. Unauthorized solicitation prohibited.
11 (a) Offense defined.--Any person not an attorney at law who
12 shall solicit or procure through solicitation a retainer, power
13 of attorney or any agreement, written or oral, authorizing an
14 attorney at law to perform or render legal services, or who
15 shall solicit any person in this Commonwealth to institute any
16 action or proceeding for damages in which the compensation of
17 any attorney at law for instituting or prosecuting such suit,
18 shall directly or indirectly, depend upon the amount of the
19 recovery therein, commits a misdemeanor of the third degree.
1 (b) Exception.--Subsection (a) shall not prohibit [any] the
2 following:
3 (1) Any bona fide labor organization from giving legal
4 advice to its members in matters arising out of their
5 employment [or prohibit any].
6 (2) A property tax consultant from providing services
7 under Subchapter C (relating to representation in assessment
8 appeals).
9 (3) Any person from engaging in any associational
10 activity which is protected under the Constitution of the
11 United States.
12 Section 2. Chapter 25 of Title 42 is amended by adding a
13 subchapter to read:
14 SUBCHAPTER C
15 REPRESENTATION IN ASSESSMENT APPEALS
16 Sec.
17 2541. Definitions.
18 2542. Nature of services.
19 2543. Right to retain.
20 2544. Contingent fee authorized.
21 § 2541. Definitions.
22 The following words and phrases when used in this subchapter
23 shall have the meanings given to them in this section unless the
24 context clearly indicates otherwise:
25 "Assessment appeal." A proceeding before a board of revision
26 of taxes, board for the assessment and revision of taxes, board
27 of property assessment, appeals and review, board of assessment
28 appeals or similar entity in which a taxpayer contests the
29 assessed value of real property.
30 "Property tax consultant." A person not an attorney at law
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1 who does the following with respect to real property:
2 (1) identifies a parcel of real property that has been
3 assigned a higher assessed value than comparable real
4 property;
5 (2) advises the owner of the parcel of the potential for
6 a reduction in tax if an appeal of the assessment is
7 undertaken;
8 (3) offers to arrange for and to represent the owner of
9 the parcel of real property at an assessment appeal on a
10 contingent fee basis;
11 (4) represents the real property owner at the assessment
12 appeal; and
13 (5) arranges for representation of the real property
14 owner by an attorney at law in an appeal to the court of
15 common pleas following an unsuccessful assessment appeal.
16 § 2542. Nature of services.
17 Services rendered by a property tax consultant in connection
18 with an assessment appeal shall not be considered to constitute
19 the practice of law.
20 § 2543. Right to retain.
21 In an assessment appeal, an owner of real property shall have
22 a right to be heard by himself, by his counsel or by a property
23 tax consultant.
24 § 2544. Contingent fee authorized.
25 A properly executed contingent fee arrangement between a real
26 property owner and a property tax consultant shall be a valid
27 and enforceable agreement.
28 Section 3. All acts and parts of acts are repealed insofar
29 as they are inconsistent with this act.
30 Section 4. This act shall take effect in 60 days.
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