Unauthorized Practice of Law in Arkansas
Contents
Overview
Attorney involvement is not required for most aspects of title insurance transactions in Arkansas. Document preparation is likely permitted so long as the person involved is performing escrow functions in the state and limiting themselves to filling in the blanks rather than adding or altering any legal language. No charge should be rendered for such a service when performed by an agent. Anything else should be referred to a licensed Arkansas attorney.
Sources
- Ark. Code Ann. § 16-22-211
- Beach Abstract & Guaranty Co. v. Bar Ass’n of Arkansas, 230 Ark. 494, 326 S.W.2d 900 (1959).
- St. Paul Fire & Marine Ins. Co. v. Nicholson, 263 Ark. 694, 567 S.W.2d 107 (1978)
- Udem v. State Bd. of Examiners, 266 Ark. 693, 587 S.W.2d 563 (1979)
- Pope County Bar Ass’n. v. Suggs, 274 Ark. 250, 624 S.W.2d 828 (1981).
- Creekmore v. Izard, 236 Ark. 558, 564, 367 S.W.2d 419, 423 (1963)
- Attorney General Opinion 95-042 by Winston Bryant dated March 20, 1995.
Title Searching
Title Searches are not required to be done by or supervised by attorneys in Arkansas.
Title Examination
Title Examinations is not required to be done by or supervised by attorneys in Arkansas.
Attorney Title Certifications
Attorney Title Certifications are not required in Arkansas.
Attorney Title Opinions
Attorney Title Opinions are not required in Arkansas.
Document Preparation
In Arkansas, title companies and their agents may prepare standardized document forms such as deeds and other documents in connection with the issuance of a title insurance policy. Anything that goes beyond filling in the blanks of any document that will be sent for recording should be referred to a licensed Arkansas attorney. Agents should not charge for preparing any such documents.
Closings and Escrow
Closings are not required to be done by or supervised by attorneys in Arkansas.
Parties to a closing are not required to be represented by attorneys in Arkansas.
Disbursement
Disbursement of files in Arkansas is not required to be done by or supervised by attorneys.
Recording
Document recording in Arkansas is not required to be done by or supervised by attorneys.
Other
N/A.
