Unauthorized Practice of Law in Alaska
Contents
Overview
Attorney involvement is not required for most aspects of title insurance transactions in Alaska except for document preparation. Based on the current state of the law, an attorney should be used to draft any deeds or other conveyance documents. Basic title insurance affidavits can likely still be prepared by title agents without any issue.
Sources
Title Searching
Title Searches are not required to be done by or supervised by attorneys in Alaska.
Title Examination
Title Examinations is not required to be done by or supervised by attorneys in Alaska.
Attorney Title Certifications
Attorney Title Certifications are not required in Alaska.
Attorney Title Opinions
Attorney Title Opinions are not required in Alaska.
Document Preparation
Based on the current state of the law, it is recommended that a licensed Alaska attorney be used to draft any deeds or other legal documents that will be recorded in connection with any real estate transaction. In no event should an agent charge for the preparation of any such documents.
Research Summary
The Alaska definition for the Unauthorized Practice of Law includes "...for compensation, providing advice or preparing documents for another which affect legal rights or duties." Alaska Bar Rule 63. Although this would appear to allow title companies to prepare deeds and other legal documents associated with real estate transactions so long as they do not charge for such services, there is no specific statutory allowance for title companies or agents in the general statute like there is for real estate agents. See Alaska Stat. § 08.88.405. The "for compensation" language is therefore likely intended for this statutory exception. Until such time as the statute or bar rules are changed to specifically permit title agent and companies to prepare deeds and other legal documents, it is recommended that any such documents be drafted by a licensed Alaska attorney.
Closing and Escrow
Closings are not required to be done by or supervised by attorneys in Alaska.
Parties to a closing are not required to be represented by attorneys in Alaska.
Disbursement
Disbursement of files is not required to be done by or supervised by attorneys in Alaska.
Recording
Document recording is not required to be done by or supervised by attorneys in Alaska.
Other
N/A.
