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In re UPL Advisory Opinion 2003-2

588 S.E.2d 741 (2003)

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In re UPL Advisory Opinion 2003-2

Georgia Supreme Court

588 S.E.2d 741 (2003)

Facts

The Standing Committee on the Unlicensed Practice of Law of the state bar (plaintiff) issued an advisory opinion stating that a person practices law if the person prepares or executes a deed of conveyance. Thus, because executing a deed of conveyance was required to close most real estate transactions, this opinion meant that only lawyers could close most real estate transactions. If a nonlawyer closed a real estate transaction by preparing or executing a deed of conveyance, that person would be engaging in the unauthorized practice of law. However, some groups advocated for letting laypeople, i.e., nonlawyers, prepare and execute deeds to reduce the costs of routine real estate closings. The state bar asked the Georgia Supreme Court to review the opinion in order to provide guidance on the issue, and the supreme court agreed to review it.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

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