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Keywords

contractattorneylawyerinjunctiontrustmisdemeanor

attorneyinjunctiontrustmisdemeanorrespondent

Related Cases

In re Mid-America Living Trust Associates, Inc., 927 S.W.2d 855

Facts

This action was initiated by the Chief Disciplinary Counsel against Mid–America Living Trust Associates, Inc. and Robert Dillie, alleging that they engaged in the unauthorized practice of law. The company provided legal advice regarding living trusts, gathered information to determine appropriate trusts, prepared trust documents, and charged fees for these services. Mid–America operated through trust associates, who were independent contractors, and the company had prepared numerous trusts for clients, including many outside Missouri.

This action was brought by the Chief Disciplinary Counsel (CDC) against respondents Mid–America Living Trust Associates, Inc., and Robert Dillie. The CDC seeks a declaration that respondents have engaged in the unauthorized practice of law and injunctive relief.

Issue

Did Mid–America Living Trust Associates, Inc. and Robert Dillie engage in the unauthorized practice of law by providing legal advice and preparing legal documents without being licensed attorneys?

Rule

The practice of law is defined as advising or counseling for a valuable consideration regarding secular law, and the unauthorized practice of law is a misdemeanor crime under Missouri law. The court has the inherent authority to regulate the practice of law to protect the public from unqualified individuals providing legal services.

The practice of law is defined as advising or counseling for a valuable consideration regarding secular law, and the unauthorized practice of law is a misdemeanor crime under Missouri law.

Analysis

The court found that Mid–America's activities constituted the unauthorized practice of law as they involved providing legal advice, preparing legal documents, and charging fees for these services without the supervision of licensed attorneys. The trust associates were effectively acting as legal advisors, which is prohibited for non-lawyers. The court highlighted the importance of ensuring that only qualified individuals provide legal services to protect the public from potential harm.

Conclusion

The court concluded that both Mid–America Living Trust Associates, Inc. and Robert Dillie engaged in the unauthorized practice of law and ordered injunctions to prevent them from continuing these activities.

Injunctions ordered.

Who won?

The Chief Disciplinary Counsel prevailed in this case as the court ruled in favor of the allegations against Mid–America and Dillie, emphasizing the need for public protection from unauthorized legal practices.

The Chief Disciplinary Counsel prevailed in this case as the court ruled in favor of the allegations against Mid–America and Dillie.

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