Posted by NCNotary on May 14, 2009, 10:35 am, in reply to ""Attorney Only" may be in jeopardy"
205.188.116.199
Could you explain this in kindergarten terms
what this means?
--Previous Message--
: A recent decision in the US District
: Court in Massachusetts in a case
: against NREIS brought on by REBA (Real
: Estate Bar Association) may start the
: undoing of the "attorney
: only" requirement for
: "witness closings" done by
: Notary Signing Agents.
:
: District Court Decision in REBA v.
: NREIS
: Contributor: Doug Cornelius
:
: SUMMARY : Plaintiff claims that real
: estate conveyancing and the issuance
: of title insurance constitute the
: practice of law in Massachusetts and
: that Defendants, nonlawyers who
: conduct such services, have engaged in
: the unauthorized practice of law.
: Plaintiff also claims that Defendants
: have engaged in the unauthorized
: practice of law by conducting
: so-called “notary closings.”
: Defendants counterclaim that
: Plaintiff’s interpretation of what
: constitutes the practice of law under
: the Massachusetts unauthorized
: practice of law statutes violates the
: Dormant Commerce Clause of the U.S.
: Constitution.
:
: "Because REBA’s definition of
: the practice of law would
: substantially affect interstate
: commerce, it is sustainable only if
: “it promotes a legitimate state
: interest that cannot be achieved
: through any reasonable
: nondiscriminatory alternative.”REBA
: has not made such a showing. REBA is
: correct that “the States’ interest
: in regulating the practice of law is
: ‘substantial’ and
: ‘compelling.’”But, as
: Massachusetts law implies and as REBA
: concedes, not every interconnected
: step of a real estate conveyance, by
: itself, constitutes the practice of
: law. REBA’s legitimate state
: interest “not in the protection of
: the bar from competition, but in the
: protection ofthe public from being
: advised and represented in legal
: matters by incompetent and unreliable
: persons,” therefore, would only
: apply to activities that actually
: qualify as the practice of law."
: Source: JD Supra: Legal Documents -
: District Court Decision in REBA v.
: NREIS | Decision
:
: Click here to view actual court
: document.
: This post is strictly the opinion of
: the author
: and may not reflect the opinion of the
: management nor of any other user of
: this forum.
:
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: Email me
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: I am not an attorney licensed to
: practice law in the State of Florida,
: and I may not give legal advice or
: accept fees for legal advice.
:
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