Unauthorized Practice of Law in Georgia

From WFG Wiki

Overview

Sources

  • O.C.G.A. § 15-19-51
  • O.C.G.A. § 15-19-52
  • O.C.G.A. § 15-19-53

Title Searching

Title Searches are not required to be done by or supervised by attorneys in Georgia.

Title Examination

Title Examinations is not required to be done by or supervised by attorneys in Georgia.

Attorney Title Certifications

Attorney Title Certifications are not required in Georgia.

Attorney Title Opinions

Attorney Title Opinions are not required in Georgia.

Document Preparation

Deeds, Security Deed, and other legal documents cannot be prepared by title insurance agents and must be prepared by a licensed Georgia attorney.

Closings and Escrow

Disbursement

Recording

Other

Attorneys are required to draft deeds, conduct the closing, and handle disbursements. Any attorney must draft the deed and attend the closing. I believe that disbursements can be supervised, but it has to go through the attorney’s accounts. Title Commitments and Policies can be prepared under the supervision of an attorney, but do not necessarily need to be done by employees of that attorney. In other words, a title agency can operate independently of a law firm, but they must have a GA attorney handle doc prep, the closings, and disbursements.

Cross-References