As noted in prior issues of The Conveyancer (Vols. 20 and 22), the issue of what constitutes the unauthorized practice of law (UPL) has been reviewed by a number of courts in the Northeast and Southeast portions of the United States.

The Federal Trade Commission has been extremely active filing amicus curiae briefs supporting the rights of lay persons to conduct real estate closings or provide "settlement services".

Below are links to materials from Kentucky, Georgia, Michigan and South Carolina.

Kentucky Bar Association U-58

Michigan Appellate Court (Dressel v Ameribank)

Supreme Court of Georgia UPL Advisory Opinion 2003-2

South Carolina Supreme Court (John Doe v Charles M. Condon)

See also the O'Sullivan case (located on this web site with RESPA materials). This Texas case also includes a discussion of UPL issues.