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The Triad Lawyer

Monthly Archives: July 2014

HB 663 in the North Carolina Legislature. Proposed changes to the Practice of Law

02 Wednesday Jul 2014

Posted by triadlawyer in Uncategorized

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: unauthorized practice of law in NC; homemade wills NC

The changes underlined (section (b)(2)) will exempt corporations like LegalZoom from the practice of law.

The fact that one needs to use a licensed attorney in North Carolina to assist in deeds, wills, complaints and more for others, is there to protect the public. Quite honestly, the more people use Legalzoom or draft Wills, deeds, and POAs for family members or others without the help of attorneys, the more attorneys get compensated because of litigation involved in the mistakes created.

Here are the proposed changes (underlined):

G.S. 84-2.1 reads as rewritten:

"ยง 84-2.1. "Practice law" defined.

(a) The phrase "practice law" as used in this Chapter is defined to be performing any

legal service for any other person, firm or corporation, with or without compensation,

specifically including the preparation or aiding in the preparation of deeds, mortgages, wills,

trust instruments, inventories, accounts or reports of guardians, trustees, administrators or

executors, or preparing or aiding in the preparation of any petitions or orders in any probate or

court proceeding; abstracting or passing upon titles, the preparation and filing of petitions for use in any court, including administrative tribunals and other judicial or quasi-judicial bodies, or assisting by advice, counsel, or otherwise in any legal work; and to advise or give opinion upon the legal rights of any person, firm or corporation: Provided, that the above reference to

particular acts which are specifically included within the definition of the phrase "practice law"

shall not be construed to limit the foregoing general definition of the term, but shall be construed

to include the foregoing particular acts, as well as all other acts within the general definition.

(b) The phrase "practice law" does not encompass any of the following:

(1) the drafting or writing of memoranda of understanding or other mediation

summaries by mediators at community mediation centers authorized by

G.S. 7A-38.5 or by mediators of employment-related matters for The

University of North Carolina or a constituent institution, or for an agency,

commission, or board of the State of North Carolina.

(2) the design, creation, assembly, completion, publication, distribution, display,

or sale, including by means of an Internet Web site, of self-help legal written

materials, books, documents, templates, forms, computer software, or similar

products if the products clearly and conspicuously state that the products are

not a substitute for the advice of an attorney. "

Sanders Law Firm PLLC represents clients with Will Caveats, cases involving wrongdoing by Power of Attorneys, real estate litigation. Call 336-724-4707 to speak with an attorney about your case.

www.kirksanderslaw.com

Business drafting, litigation & collections/ Will Caveats & POA abuses/ Personal Injury

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