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The Committee on Unlawful Practice of the West Virginia State Bar has
received an inquiry from an individual who plans to offer "real estate
loan consulting services" to attorneys practicing in West Virginia. Those
services are intended to include loan documentation preparation and closing
procedures. The individual has informed the Committee that at no time will she
be responsible for title examinations and that the services to be provided will
be directed to attorneys practicing in the State of West Virginia.
In Advisory Opinion 93-002 and 93-003, the Committee on Unlawful Practice of
the West Virginia State Bar ad- dressed certain inquiries regarding lay
individuals participating in the preparation of "legal instruments."
The Committee finds the inquiry in this instance to be fundamentally different
than the inquiries found in Advisory Opinions 93-002 and 93-003. In this
particular instance the individual providing the "real estate loan
consulting services" would be hired directly by an attorney to provide
services and documentation to those attorneys. At no time will this individual
be dealing directly with the public and said individual will not be providing
advice regarding the application of legal principles to facts, purposes, or
desires. The ultimate responsibility for the work generated by this individual
will be the attorney who purchases the use of her services and uses the
documents prepared by her. Consequently, because this individual will be
working directly for an attorney who will be responsible for the ultimate work
product to the public we do not believe this individual would be practicing law
as that term is defined by the West Virginia Supreme Court.
Revised: 04/12/01
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