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Keywords

plaintifflitigationattorneylawyerinjunctiontrial
contractdefendantstatutetrustappellant

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Bump v. Barnett, 235 Iowa 308, 16 N.W.2d 579

Facts

The plaintiffs, a committee of Iowa lawyers, filed a suit against W. Thomas Barnett, a non-lawyer, alleging that he was conducting a business that involved the unauthorized practice of law. Barnett had been advertising his services to repossess automobiles and collect debts, holding himself out as authorized to make collections and even bringing numerous legal actions in his own name as an assignee of creditors. The trial court found that Barnett's activities included preparing legal documents, soliciting claims, and using intimidating notices to debtors, all of which were deemed to constitute the practice of law.

The findings recite: that defendant advertised, under the trade name ‘Public Service, W. Thomas Barnett, Manager,’ that he could repossess automobiles and make collections, both wholesale and retail; that both by personal solicitation and letters to various creditors he held himself out to be authorized to make collections.

Issue

The main legal issue was whether W. Thomas Barnett was engaged in the unauthorized practice of law by conducting business activities that involved legal services without being a licensed attorney.

The legality of assignments of choses in action with right of the assignee to litigate same in his own name, the right of a party to try his own case in any court and the fact that appearance by agent in justice court is permitted under our statute, are not questioned here.

Rule

The court applied the principle that engaging in the business of soliciting claims for litigation or collection, and holding oneself out as able to repossess property or conduct litigation, constitutes the unauthorized practice of law.

We held that either form of proceeding is proper.

Analysis

The court analyzed Barnett's activities in light of the legal definitions of the practice of law. It concluded that Barnett was not merely acting as an assignee of debts but was instead holding himself out as a professional capable of providing legal services. The court emphasized that the intent to engage in the business of providing legal services, combined with the volume of transactions and the nature of his advertising, clearly indicated that Barnett was engaged in the unauthorized practice of law.

When proof of such numerous instances is combined with evidence of solicitation and advertisement, asking to be intrusted with the conduct of just such transactions, the conclusion that the individual is regularly engaged in the practice becomes irresistible.

Conclusion

The court affirmed the trial court's decree, enjoining Barnett from engaging in any activities that constituted the practice of law, including soliciting claims for collection and conducting legal actions in his name.

We are convinced the record here shows that defendant is engaged in the illegal practice of law and should be enjoined.

Who won?

The plaintiffs, a committee of Iowa lawyers, prevailed in the case because the court found that Barnett's activities constituted the unauthorized practice of law, which warranted an injunction.

The decree enjoined appellant from soliciting or accepting claims or debts for collection, by assignment or other form of contract, under which payment to the assignor or creditor is dependent on collection from the debtor.

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