Difference between revisions of "Unauthorized Practice of Law in Illinois"
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==Overview== | ==Overview== | ||
| + | |||
| + | Attorney involvement is not required for most aspects of title insurance transactions in Illinois. | ||
==Sources== | ==Sources== | ||
| + | |||
| + | * 705 Ill. Comp. Stat. 205/1. | ||
| + | * <u>People ex rel. Illinois State Bar Ass’n v. People’s Stock Yards State Bank</u>, 176 N.E. 901 (Illinois 1931) | ||
| + | * <u>People ex rel. Illinois State Bar Ass’n v. Schafer</u>, 87 N.E.2d 773 (1949). | ||
| + | * <u>Chicago Bar Ass’n v. Quinlan and Tyson, Inc.</u>, 214 N.E.2d 771, 774 (Illinois 1966). | ||
==Attorney Title Certifications== | ==Attorney Title Certifications== | ||
| − | Attorney Title Certifications are '''not required''' and not commonly used in | + | Attorney Title Certifications are '''not required''' and not commonly used in Illinois. |
==Attorney Title Opinions== | ==Attorney Title Opinions== | ||
| − | Attorney Title Opinions are '''not required''' and not commonly used in | + | Attorney Title Opinions are '''not required''' and not commonly used in Illinois. |
==Document Preparation== | ==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 and Escrow== | ||
| − | Closings are '''not required''' to be done by or supervised by attorneys in | + | 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== | ||
| − | Disbursement of files in | + | Disbursement of files in Illinois is '''not required''' to be done by or supervised by attorneys. |
==Recording== | ==Recording== | ||
| − | Document recording in | + | Document recording in Illinois is '''not required''' to be done by or supervised by attorneys. |
==Other== | ==Other== | ||
Latest revision as of 18:38, 17 August 2018
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.
