wa-law.org > bill > 2023-24 > SB 6287 > Original Bill

SB 6287 - Veterans benefits advising

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Section 1

The purpose of this act is to provide a cause of action under state law to prevent unethical conduct and improper collection of fees by persons advising or assisting any individual with the filing of claims for disability benefits before the United States department of veterans affairs.

Section 2

  1. No person shall receive compensation for preparing, presenting, prosecuting, advising, consulting, or assisting any individual with regard to any veterans benefits matter before the United States department of veterans affairs, except as permitted under Title 38 U.S.C. and the code of federal regulations.

  2. No person shall receive compensation for referring any individual to another person to prepare, present, prosecute, advise, consult, or assist this individual with any veterans benefits matter before the United States department of veterans affairs.

  3. Any person who receives compensation for preparing, presenting, prosecuting, advising, consulting, or assisting an individual with regard to any veterans benefits matter before the United States department of veterans affairs shall be held to the same ethical standards as an attorney is held to by the Washington state bar association rules regarding:

    1. Advertising;

    2. Solicitation of new clients;

    3. Confidentiality;

    4. Duty of care;

    5. Duty of honesty; and

    6. Duty to zealously pursue what is in the best interest of their client.

  4. The legislature finds that the practices covered by this act are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this act is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

  5. Nothing in this act shall be construed to prohibit the division of fees between lawyers which is otherwise permitted by law.

  6. For purposes of this section:

    1. "Compensation" means payment of any money, thing of value, or financial benefit.

    2. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

    3. "Veterans benefits matter" means the preparation, presentation, or prosecution of any claim affecting any person who has filed or expressed an intent to file a claim for any benefit, program, service, commodity, function, or status, entitlement to which is determined under the laws and regulations administered by the United States department of veterans affairs or the department of defense pertaining to veterans, their dependents, their survivors, and any other individual eligible for such benefits.

Section 3

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

Section 5

This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

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