What tasks are unlawful for a Settlement Agent to perform and what is the “unauthorized practice of law?
A Settlement Agent cannot provide any legal representation or give legal advice to a party to a transaction unless the settlement agent is engaged in the practice of law in Virginia and he or she has been specifically retained to provide legal services to that party. A Settlement Agent other than an attorney who has been specifically retained to provide legal services to that party is prohibited by law from giving any legal advice, even if the Settlement Agent employs an attorney to conduct or be present at the closing. A party who desires legal advice should contact a lawyer or ask the Settlement Agent to provide a referral list of at least three local lawyers engaged in private practice who have expertise or experience in real estate matters. A Settlement Agent who gives legal advice or drafts or creates a legal instrument has engaged in the “practice of law.” The “practice of law” occurs whenever one furnishes to another advice or services under circumstances which imply his or her
