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 general, legal principles are applied to the factual situation to determine if and how the transaction should be concluded. For example, there is a determination that the lender can obtain a valid first lien; that the legal description of the land conforms to the survey; that the title insurance requirements have been met; that evidence of hazard insurance is sufficient; that easements and other restrictions have been noted and have not been violated or encroached upon; and that legal instruments have been properly signed to constitute bind
