Unauthorized Practice of Law in Arkansas

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Revision as of 12:07, 20 August 2018 by Davidjenkins (talk | contribs) (Document Preparation)

Overview

Attorney involvement is not required for most aspects of title insurance transactions in Arkansas.

Sources

  • Ark. Code Ann. § 16-22-211
  • Beach Abstract & Guaranty Co. v. Bar Ass’n of Arkansas, 230 Ark. 494, 326 S.W.2d 900 (1959).
  • St. Paul Fire & Marine Ins. Co. v. Nicholson, 263 Ark. 694, 567 S.W.2d 107 (1978)
  • Udem v. State Bd. of Examiners, 266 Ark. 693, 587 S.W.2d 563 (1979)
  • Pope County Bar Ass’n. v. Suggs, 274 Ark. 250, 624 S.W.2d 828 (1981).
  • Creekmore v. Izard, 236 Ark. 558, 564, 367 S.W.2d 419, 423 (1963)
  • Attorney General Opinion 95-042 by Winston Bryant dated March 20, 1995.

Title Searching and Examination

Title Searches and Title Examinations are not required to be done by or supervised by attorneys in Arkansas.

Document Preparation

In Arkansas, 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. Anything beyond the preparation of standard forms and filling in blanks would require an attorney.

Closings and Escrow

Closings are not required to be done by or supervised by attorneys in Arkansas.

Parties to a closing are not required to be represented by attorneys in Arkansas.

Disbursement

Disbursement of files in Arkansas is not required to be done by or supervised by attorneys.

Recording

Document recording in Arkansas is not required to be done by or supervised by attorneys.

Other

N/A.

Cross-References