Unauthorized Practice of Law in California
Contents
Overview
Attorney involvement is not required for most aspects of title insurance transactions in California. 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 California attorney.
Sources
- Cal. Bus. & Prof. § 6126
- Baron v. City of Los Angeles, 2 Cal. 3d 535, 542 (1970)
- People v. Landlords Professional Services, 215 Cal. App. 3d 1599 (1989)
Title Searching
Title Searches are not required to be done by or supervised by attorneys in California.
Title Examination
Title Examinations is not required to be done by or supervised by attorneys in California.
Attorney Title Certifications
Attorney Title Certifications are not required in California.
Attorney Title Opinions
Attorney Title Opinions are not required in California.
Document Preparation
In California, 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 California 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 California.
Parties to a closing are not required to be represented by attorneys in California.
Disbursement
Disbursement of files in California is not required to be done by or supervised by attorneys.
Recording
Document recording in California is not required to be done by or supervised by attorneys.
Other
N/A.
