Could a title company's nonlawyer staff draft easement deeds from forms?

Short answer The opinion classified that drafting as unauthorized practice of law and said a lawyer assisting it would violate Rule 4-5.5.

Bar

MOLEC

Issued

1994

Apply this to your situation

This page answers the general question as of 1994. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A lawyer's title company proposed having nonlawyers prepare easement deeds using form documents.

The opinion answered that this would be unauthorized practice of law. It added that the lawyer would violate Rule 4-5.5 by assisting the activity.

Currency note

This 1994 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Did using forms change the answer?

A: No. The question specified form documents, and the opinion still called the drafting unauthorized practice.

Q: What if the lawyer assisted?

A: The opinion said the lawyer would violate Rule 4-5.5.

Background and rules framework

The opinion applied Rule 4-5.5 to lawyer assistance with a title company's nonlawyer drafting of easement deeds.

Citations and references

Rules of Professional Conduct:

Missouri Rule 4-5.5

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/940029/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney´s title company would like to have non-attorneys draft easement deeds using form documents. Would this be the unauthorized practice of law? ANSWER: Yes, and if Attorney assists in this activity, Attorney will violate Rule 4–5.5.

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