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Click here for the full text of this decision FACTS:Kubala Public Adjusters is a private insurance adjusting company. The company represents clients on a contingency-fee basis, and contracts with those clients to document and present first-party claims for payment by insurance companies. The Unauthorized Practice of Law Committee of the State Bar of Texas sought an injunction against Kubala and some of its individual adjusters for the unauthorized practice of law. The trial court granted the injunction, permanently enjoining Kubala from performing 16 business practices, mostly taken from Pen. Code �38.123. After the injunction was issued, but prior to this appeal, the legislature passed a law that prohibited common-law public adjusting by that implemented a system of licensing public adjusters. Kubala pointed out that one of the five enjoined adjusters has been licensed already, a second one is in the process of getting licensed, and three are no longer doing this type of business. Kubala argued that these legislative changes make it necessary to dissolve the injunction. The UPLC opposes dissolution of the injunction, even recognizing the changes made by the legislature, because some of the activities prohibited by the injunction are not part of the new statute. For instance, the injunction prohibits assignments of the recovery for payment of the fees, but the statute does not address assignments. Other things the injunction prohibits but which the statute remains silent on are: 1. interpreting insurance policies; 2. advising their clients about rights and obligations under insurance policies; 3. advising their clients about whether they should make certain claims; 4. advising clients whether they should accept an offered sum in settlement of a claim; or 5. advertise they can do any of these things. HOLDING:Affirmed. The court declines the UPLC’s suggestion to parse the language of the statute into the restrictions written into the injunction. The court says that the statute applies to licensed public adjusters, and in the facts presented, that is not what is at issue. The court finds that if it modified the injunction so as to apply the licensure statute, the statute could not in turn apply to these defendants because “they are obviously and necessarily not licensed,” and the court would be issuing an advisory opinion. Nevertheless, the court can consider what impact the change in law would have on the injunction as applied to the unlicensed individuals. The court points out the huge difference the statute would make, considering that under the new statute, a person holding himself out as a public adjuster without a license can be subjected to criminal penalties. The court cannot make any of the modifications suggested by the UPLC because all of them hinge on the change in Kubala’s status should the statute be applied to them. “The short of it is, unlike the situation when this injunction was issued, a public adjuster can only lawfully do business in Texas as permitted by the licensing statute. We conclude that any analysis of the scope of the new Insurance Code provisions and any potential conflict between those provisions and the Penal Code, as well as any possible application of the general strictures forbidding the unauthorized practice of law, is an analysis outside the boundaries of this case.” The court thus concludes that it is bound to uphold the injunction, based on the application of the law as it existed at the time. The court reminds the parties, however, that they can ask the trial court to reconsider the scope or content of the injunction based on the change in facts and the changes in the controlling law. OPINION:Ross, J.; Morriss, C.J., Ross and Carter, JJ.

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