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In re UPL Advisory Opinion 2003-2, 277 Ga. 472, 588 S.E.2d 741, 03 FCDR 3308

Facts

The Standing Committee on the Unlicensed Practice of Law issued an advisory opinion stating that the preparation and execution of a deed of conveyance by anyone other than a licensed Georgia attorney constitutes the unauthorized practice of law. The State Bar of Georgia sought discretionary review of this opinion. The court noted that it has the inherent authority to govern the practice of law in Georgia and has consistently held that only licensed attorneys can close real estate transactions or prepare deeds for the benefit of parties involved.

The Standing Committee on the Unlicensed Practice of Law issued an advisory opinion stating that the preparation and execution of a deed of conveyance by anyone other than a licensed Georgia attorney constitutes the unauthorized practice of law.

Issue

Whether the preparation and execution of a deed of conveyance by anyone other than a licensed Georgia attorney constitutes the unauthorized practice of law.

Whether the preparation and execution of a deed of conveyance by anyone other than a licensed Georgia attorney constitutes the unauthorized practice of law.

Rule

Only a licensed Georgia attorney may prepare or facilitate the execution of a deed of conveyance, as established by the court's authority to govern the practice of law in Georgia.

Only a licensed Georgia attorney may prepare or facilitate the execution of a deed of conveyance.

Analysis

The court applied the established rule by affirming the advisory opinion of the Standing Committee, which highlighted the necessity of licensed attorneys in real estate transactions to protect the public interest. The court emphasized that licensed attorneys are trained to recognize rights during property conveyances and can be held accountable for their actions, unlike non-lawyers who may not provide the same level of protection.

The court applied the established rule by affirming the advisory opinion of the Standing Committee, which highlighted the necessity of licensed attorneys in real estate transactions to protect the public interest.

Conclusion

The Supreme Court of Georgia approved UPL Advisory Opinion No. 2003–2, affirming that only licensed attorneys may prepare or facilitate the execution of deeds of conveyance.

The Supreme Court of Georgia approved UPL Advisory Opinion No. 2003–2, affirming that only licensed attorneys may prepare or facilitate the execution of deeds of conveyance.

Who won?

The State Bar of Georgia prevailed in the case, as the court upheld the advisory opinion that only licensed attorneys can handle deed preparation and execution, thereby protecting the public interest.

The State Bar of Georgia prevailed in the case, as the court upheld the advisory opinion that only licensed attorneys can handle deed preparation and execution.

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