Difference between revisions of "Unauthorized Practice of Law in Missouri"
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Revision as of 20:07, 17 August 2018
Contents
Overview
Sources
Mo. Ann. Stat. § 484.010 and 484.020 define in general what constitutes the practice of law in Missouri.
Attorney Title Certifications
Attorney Title Certifications are not required and not commonly used in Missouri.
Attorney Title Opinions
Attorney Title Opinions are not required and not commonly used in Missouri.
Document Preparation
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.
Closings and Escrow
Closings are not required to be done by or supervised by attorneys in Missouri. Attorneys are not required to be represent any parties to the transaction.
Disbursement
Disbursement of files in Missouri is not required to be done by or supervised by attorneys.
Recording
Document recording in Missouri is not required to be done by or supervised by attorneys.
Other
- UPL Hot Button Issues -- Don’t charge a doc prep fee
- An attorney is not required. A Licensed Missouri Producer must search, examine, close, record or handle any other aspects of closing and commitment and policy issuance. (License issued by the Missouri Dept. of Insurance, Financial Institutions and Professional Licensing: MO DIFP) RSMo 381.031.19
- Title insurance companies, which do closings normally, prepare the deed, affidavit, and the HUD-1 closing statement. Lenders sometimes prepare their own documents, however, title companies will often prepare some lenders' documents.
The leading case in Missouri is in re First Escrow, Inc. (840 SW2d 839). The Missouri Bar Association filed an action against a closing company for providing legal services to its customers in violation of Missouri statutes. The Missouri Supreme Court held that
- escrow companies could complete simple, standardized forms or documents not requiring exercising judgment or discretion as agents for one with a direct financial interest in the transaction or licensed attorney who represents a party to the transaction;
- escrow companies may not charge a separate fee for document preparation, and
- attorneys engaged by escrow closing companies may not provide legal services to the company's customers. The Supreme Court specifically stated that these standards apply to title insurance companies.
