Do requirements for licensing title insurance personnel apply to witnesses?
In some jurisdictions, key or significant full-time employees with discretionary authority, such as escrow, search, or marketing personnel, or personnel otherwise countersigning title insurance policies, must be licensed or appear on the title company license. Given that the typical witness performs none of these services, has no discretionary authority, and is not employed by a title company, licensing of that witness is not required. Does a real estate closing conducted by a non-attorney constitute the unauthorized practice of law (UPL)? There have been several opinions in eastern states concluding that “real estate closings” are the practice of law. For example, the West Virginia State Bar Committee on Unauthorized Practice of Law Opinion No. 2003-01 (approved—4/16/2003) states that: “While some ministerial and clerical functions occur as part of a real estate closing, i.e. preparation of the HUD settlement statements, simple execution of documents, and disbursement of proceeds, in
