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Keywords

lawsuitlawyerstatutemotionsummary judgmentcorporationfamily lawmotion for summary judgment

lawsuitlawyerstatutesummary judgmentcorporationfamily law

Related Cases

Unauthorized Practice of Law Committee v. Parsons Technology, Inc., Not Reported in F.Supp.2d, 1999 WL 47235

Facts

The UPLC, composed of Texas lawyers and lay citizens, filed a lawsuit against Parsons Technology, a California corporation, alleging that its software QFL, which provides legal forms and advice, violates Texas' unauthorized practice of law statute. QFL offers over 100 legal forms and customizes them based on user input, presenting itself as a tool that can provide legal advice. The UPLC argued that this constitutes the practice of law, while Parsons contended that selling software does not require a lawyer-client relationship and that the statute infringes on its free speech rights.

Issue

Does the sale and distribution of Quicken Family Lawyer by Parsons Technology constitute the unauthorized practice of law under Texas law?

Rule

The unauthorized practice of law in Texas includes providing legal advice and preparing legal documents for others, which requires legal skill and knowledge.

Analysis

The court determined that QFL goes beyond merely providing forms and instructions; it actively customizes legal documents based on user responses, which constitutes providing legal advice. The court referenced previous Texas cases that established the preparation of legal instruments and the provision of legal advice as the practice of law, concluding that Parsons' actions fell within this definition.

Based on the interpretations of the Statute by the Texas courts, QFL falls within the range of conduct that Texas courts have determined to be the unauthorized practice of law.

Conclusion

The court granted the UPLC's motion for summary judgment, ruling that Parsons' sale of QFL violates the Texas unauthorized practice of law statute, and denied Parsons' motion for summary judgment.

Therefore, under both Texas law and the traditional federal summary judgment standards, this case is ripe for decision on summary judgment.

Who won?

The Unauthorized Practice of Law Committee prevailed in the case because the court found that Parsons' software misled users into believing they were receiving legal advice, which constitutes the unauthorized practice of law.

The UPLC prevailed in the case because the court found that Parsons' software misled users into believing they were receiving legal advice, which constitutes the unauthorized practice of law.

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