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Keywords

attorneyinjunctionwilldivorce

attorneyrespondent

Related Cases

Florida Bar v. Brumbaugh, 355 So.2d 1186

Facts

Marilyn Brumbaugh, who has never been a member of the Florida Bar, operated 'Marilyn's Secretarial Service' and offered typing services for legal documents related to divorces, wills, and bankruptcies. The Florida Bar alleged that she prepared legal documents for clients seeking uncontested divorces and provided advice on costs and procedures. Despite her claims of merely providing secretarial services, evidence showed that she actively engaged in preparing legal documents and advising clients, leading to the charges against her.

Respondent, Marilyn Brumbaugh, is not and has never been a member of the Florida Bar, and is, therefore, not licensed to practice law within this state.

Issue

Did Marilyn Brumbaugh engage in the unauthorized practice of law by preparing legal documents and advising clients on legal matters without being a licensed attorney?

Rule

The practice of law is defined as providing legal advice and services that affect important rights, requiring legal skill and knowledge greater than that of the average citizen. Unauthorized practice of law occurs when individuals not licensed to practice law provide such services.

The practice of law is defined as providing legal advice and services that affect important rights, requiring legal skill and knowledge greater than that of the average citizen.

Analysis

The court analyzed the evidence presented by the Florida Bar and determined that Brumbaugh's actions went beyond mere secretarial work. She prepared legal documents and provided advice that could mislead clients into believing they were receiving legal assistance. The court emphasized the need to protect the public from unqualified individuals providing legal services.

The court analyzed the evidence presented by the Florida Bar and determined that Brumbaugh's actions went beyond mere secretarial work.

Conclusion

The court issued a permanent injunction against Marilyn Brumbaugh, prohibiting her from engaging in the unauthorized practice of law, while allowing her to sell printed legal materials and provide secretarial services under specific conditions.

Accordingly, having defined the limits within which Ms. Brumbaugh and those engaged in similar activities may conduct their business without engaging in the unauthorized practice of law, the rule to show cause is dissolved.

Who won?

The Florida Bar prevailed in the case as the court upheld the charges against Brumbaugh, determining that her actions constituted unauthorized practice of law.

The Florida Bar as an agent of this Court, plays a large role in the enforcement of court policies and rules and has been active in regulating and disciplining unethical conduct by its members.

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Nix v. Whiteside, 475 U.S. 157, 106 S.Ct. 988, 89 L.Ed.2d 123, 54 USLW 4194

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