Bar Association of Erie County Committee Investigates Unauthorized Practice of Law

Summary

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Two Bar Association of Erie County committees recently released their findings following a 15-month investigation of what appears to be the unauthorized practice of law. Service settlement companies and other non-lawyers are very often engaging in the unauthorized practice of law to the detriment of members of the public involved in these transactions, the report stated.

The BAEC sent cautionary letters to lenders, title companies, settlement agents and others informing them that their activities constitute the unauthorized practice of law and should be terminated immediately. Settlement and/or closing services provided by non- lawyers may be punishable as a misdemeanor under New York State Judiciary Law Section 476-a, which specifically limits the preparation of deeds, mortgages, assignments, discharges, leases and any other instruments affecting real estate to individuals licensed to practice law in New York State.

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Extract

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Bar Association of Erie County Committee Investigates Unauthorized Practice of Law

Triggered by complaints from members of the bar, the BAEC investigations revealed that non-lawyers in Western New York are preparin...

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