Title Insurance Closing Services Provided by Non-lawyers

In many states, like Florida, both lawyers and non-lawyers compete to provide real estate closing services to consumers.

The United States Department of Justice (”DOJ”) and the Federal Trade Commission (”FTC”) advises states to reject laws that prohibit non-lawyers from providing real estate closing services:

• American Bar Association
  • Comments to the American Bar Association on the Proposed Model Definition of the Practice of Law (12/20/2002)

• Georgia
  • Comments to the State Bar of Georgia on Potential Unlicensed Practice of Law Opinion Regarding Real Estate Closing Activity (3/20/2003)

• Indiana
  • Comments to the Indiana State Bar Association on the Draft Proposed Amendment to Indiana Supreme Court Admissions & Discipline Rule 24 Regarding Unauthorized Practice of Law (10/01/2003)

• Kansas
  • Comments to the Kansas Bar Association on the Proposed Definition of the Practice of Law (02/04/2005)

• Kentucky
  • Comments to the Kentucky Bar Association on the Proposed Opinion KBA U-58 Prohibiting Real Estate Closings By Non-Attorneys (06/10/1999)
  • Comments to the Kentucky Bar Association on the Proposed Opinion Prohibiting Real Estate Closings By Non-Attorneys (09/10/1997)

• Massachusetts
  • Comments to the Massachusetts Bar Association on the Draft Proposed Definition of the Practice of Law in Massachusetts (12/16/2004)
  • Comments to the Massachusetts House of Representatives on House Bill 180 Concerning Legislation of Non-Lawyer Competition for Real Estate Closings (10/06/2004)

• North Carolina
  • Comments to the North Carolina State Bar on Proposed Opinions Concerning Non-Attorneys’ Involvement in Real Estate Transactions (07/11/2002)
  • Comments to the North Carolina State Bar on Opinions Restricting Involvement of Non-Attorneys in Real Estate Closings and Refinancing Transactions (12/14/2001)

• Rhode Island
  • Comments to the Rhode Island Senate on House Bill No. 5936, Proposed Restrictions on Competition from Non-Attorneys in Real Estate Closing Activities (06/30/2003)
  • Comments to the Rhode Island House of Representatives on Proposed Bills H. 5936 and H. 5639, Proposed Restrictions on Competition from Non-Attorneys in Real Estate Closing Activities (03/28/2003)
  • Comments to the Rhode Island House of Representativeson on Proposed Bill H. 7462, Restricting Competition from Non-Attorneys in Real Estate Closing Activities (03/29/2002)