States take a variety of approaches to attorney involvement in real estate closings, settlements, and refinancing. Whether an attorney must be present at a closing is typically a question of whether a non-attorney conducting a closing would be engaged in the unauthorized practice of law. While there is no universal definition of what constitutes the practice of law, most states define the practice of law to include giving advice in matters relating to clients’ legal rights or responsibilities, drafting legal documents, and representing clients before a court or similar body.
Research your state law/bar regulation (Florida) on this subject. Feel free to research at the Library, online, your local Bar Association, or even interview an attorney that is licensed in your state. Explain what the state you presently reside in says on the matter. Don’t forget to tell us where you conducted your research. Then, post your thoughts on whether you are for or against the policy.
***Don’t forget to properly cite where you found your state law(s) on the matter. Refer to your Bluebook if you have questions on how to properly cite a statute, case law or website. You can also find Bluebook notes in the Student Resources Folder for the class. ***