Practicing Law without a license

[ajonate]

What is the name of your state? Nevada

In the context of Buying real estate from motivated sellers I encounter a lot of people who have minor deed defects. I often help sellers get deeds straightened out by preparing affidavits, such as "Affidavit - Termination of Tenancy in the Entirety." Those are simple enough and get recorded without ever seeing a court room.

I'm now considering helping a seller with a petition to set aside an estate without administration, for one inexpensive parcel of land only (value less than $1000), who's mother died in testate and there was no probate. While preparing the petition seems straight-forward for the most part, it will be presented to a judge by the seller Pro Se. I'm concerned that the judge will question if an elderly woman actually prepared the Pro Se petition herself and ask questions.

Is preparing a petition as above practicing law without a license?

[rmet4nzkx]

I would be more worried about the appearance of elder abuse if you benefit through this process. Be safe and refer her to an attorney, this is different than a fill in the blamk RE contract.

[JETX]

Originally Posted by ajonate

Is preparing a petition as above practicing law without a license?

You bet!!! That plus every other 'document' you help prepare!!!

From the Nevada Bar:
"What traditionally comes to mind as UPL are the scrivener services, legal document preparation companies that go beyond mere typing or translation services and engage in the practice of law. While this remains the focus of the Bar's UPL initiative (all five of the injunctions involve such companies), the Bar also receives UPL complaints against lawyers, which are handled through attorney discipline. This aspect of the UPL question attorneys who either fail to supervise paralegals adequately, or who practice law without proper authority in a jurisdiction where they are not licensed.

NRS 7.285 makes it a crime to engage in the unauthorized practice of law, with penalties ranging from a misdemeanor for the first conviction to a class E felony for a third conviction within seven years."