Brief Fact Summary. Defendant and a certified financial planner entered into a scheme by which the financial planner held seminars advising people on the need for a living trust and then later referred them on to the Defendant attorney to complete the documents.
Synopsis of Rule of Law. An individual who exercises professional judgment in advising others as to the need for a living trust is committing the unauthorized practice of law and a lawyer who takes referrals from such individual is aiding him in such acts.
Whether a living trust is appropriate in a given case calls for the exercise of independent professional judgment by a lawyer.View Full Point of Law
Issue. Did Voegtlin’s actions constitute the unauthorized practice of law and if so did Baker aid him in those actions?
Held. Yes. Affirmed. Voegtlin’s actions met the definitions of the unauthorized practice of law and Baker aided him in those acts by permitting Voegtlin to direct or regulate his professional judgment in his rendition of legal services o the referred clients.
Discussion. The Court found that Baker’s actions did not discourage Voegtlin but rather encouraged him by exercising professional judgment, acting in a confidential capacity with the referred clients, furnishing him with forms to use at the seminars, and accepting the referrals.