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I just saw this very interesting tidbit in a legal discussion group I belong to and thought I should share it here....
With respect to the preparation of deeds, the Fla. Supreme Court has ruled that such a task is the practice of law.
The Supreme Court has stated that the definition of the practice of law "must necessarily change with the ever changing business and social order." Florida Bar v. Brumbaugh, 355 So. 2d 1186, 1191-92 (Fla. 1978). The following are considered the practice of law:
(1) preparing legal documents for others. Florida Bar v. Lister, 662 So. 2d 1241, 1242 (Fla. 1995).
This includes preparation of a deed, Florida Bar v. Valdes, 464 So. 2d 1183 (Fla. 1985),
So, it is possible that a Buyer may be charged with the unauthorized practice of law if he prepares a deed for the seller (another person) to use. And, if the Buyer is charged with that, it is a crime.
In the past, I had always been told that either a buyer or a seller could legally prepare the deed. Evidently, that does not appear to be the case..
Is this an issue that is just not enforced at all? I would guess that it would be very easy to obtain documentation to prosecute- as a simply search of public records would provide ample proof..
With respect to the preparation of deeds, the Fla. Supreme Court has ruled that such a task is the practice of law.
The Supreme Court has stated that the definition of the practice of law "must necessarily change with the ever changing business and social order." Florida Bar v. Brumbaugh, 355 So. 2d 1186, 1191-92 (Fla. 1978). The following are considered the practice of law:
(1) preparing legal documents for others. Florida Bar v. Lister, 662 So. 2d 1241, 1242 (Fla. 1995).
This includes preparation of a deed, Florida Bar v. Valdes, 464 So. 2d 1183 (Fla. 1985),
So, it is possible that a Buyer may be charged with the unauthorized practice of law if he prepares a deed for the seller (another person) to use. And, if the Buyer is charged with that, it is a crime.
In the past, I had always been told that either a buyer or a seller could legally prepare the deed. Evidently, that does not appear to be the case..
Is this an issue that is just not enforced at all? I would guess that it would be very easy to obtain documentation to prosecute- as a simply search of public records would provide ample proof..
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