Unauthorized Practice of Law in Illinois
Contents
Overview
Attorney involvement is not required for most aspects of title insurance transactions in Illinois.
Sources
- 705 Ill. Comp. Stat. 205/1.
- People ex rel. Illinois State Bar Ass’n v. People’s Stock Yards State Bank, 176 N.E. 901 (Illinois 1931)
- People ex rel. Illinois State Bar Ass’n v. Schafer, 87 N.E.2d 773 (1949).
- Chicago Bar Ass’n v. Quinlan and Tyson, Inc., 214 N.E.2d 771, 774 (Illinois 1966).
Attorney Title Certifications
Attorney Title Certifications are not required and not commonly used in Illinois.
Attorney Title Opinions
Attorney Title Opinions are not required and not commonly used in Illinois.
Document Preparation
Despite several cases to the contrary in the earlier part of the 20th century, title companies and their agents have gotten in the practice of preparing standardized document forms such as deeds and other documents in connection with the issuance of a title insurance policies in Illinois. Non-attorneys generally do not charge for these services to avoid potential unauthorized practice of law violations.
Closings and Escrow
Closings are not required to be done by or supervised by attorneys in Illinois.
Parties to a closing are not required to be represented by attorneys in Illinois.
Disbursement
Disbursement of files in Illinois is not required to be done by or supervised by attorneys.
Recording
Document recording in Illinois is not required to be done by or supervised by attorneys.
