Unauthorized Practice of Law in Connecticut
Contents
Overview
Since 1984, Connecticut law has required that any new title agent be required to be a "commissioner of the superior court in good standing" which restricts new title agents to licensed Connecticut attorneys. As a result, even though most aspects of title insurance are not considered to be the unauthorized practice of law for any non-attorney agents who were licensed prior to the change in the law, most aspects of title insurance are now treated as requiring the involvement of an attorney. The only exception is for those agents licensed prior to 1984, which is limited now to a handful of corporate agents.
Sources
- Conn. Gen. Stat. Ann. § 51-88
- Conn. Gen. Stat. Ann. § 38a-401, et seq.
- In re Grievance Comm. of the Bar v. Payne, 22 A.2d 623, 128 Conn. 325 (1941)
Title Searching
Title Searches are not required to be done by or supervised by attorneys in Connecticut.
Title Examination
Title Examinations is not required to be done by or supervised by attorneys in Connecticut.
Attorney Title Certifications
Attorney Title Certifications are not required in Connecticut.
Attorney Title Opinions
Attorney Title Opinions are not required in Connecticut.
Document Preparation
Closing and Escrow
Closings are not required to be done by or supervised by attorneys in Connecticut.
Parties to a closing are not required to be represented by attorneys in Connecticut.
Disbursement
Disbursement of files is not required to be done by or supervised by attorneys in Connecticut.
Recording
Document recording is not required to be done by or supervised by attorneys in Connecticut.
Other
Since 1984, all Connecticut title insurance agents are required to be licensed Connecticut attorneys. A few corporate licenses issued prior to the date are exempt from this requirement. As a result of this rule, nearly all aspects of title insurance in Connecticut are controlled to some degree by licensed attorneys even though none of the activities listed above are, strictly speaking, considered to be the unauthorized practice of law in Connecticut.
