for a third party. The Florida Bar v. Larkin, 298 So. 2d 371 (Fla. 1974). However, a nonlawyer
corporate creditor may file a statement of claim in a probate matter. Summit Pool Supplies v.
Price, 461 So. 2d 272 (Fla. 5th DCA 1985).
f. REAL PROPERTY (INCLUDING REAL ESTATE LICENSEES & TITLE
INSURANCE COMPANIES
In 1950, the Supreme Court of Florida held that a real estate licensee may prepare the contract
for sale of real estate but any other documents must be prepared by a member of The Florida
Bar. Keyes Co. v. Dade County Bar Association
, 46 So. 2d 605 (Fla. 1950). The drafting of the
contract is considered the practice of law, a non-licensee may not draft the contract. The Court
merely carved out an exception for licensees.
The Court later carved out an exception for title insurance companies. In The Florida Bar v.
McPhee, 195 So. 2d 552 (Fla. 1967) the Court held that a title insurance company may conduct
the closing and prepare documents incident to the issuance of title insurance only if the company
is actually issuing the title insurance. Again, the activity is the practice of law, it is just
authorized in these limited circumstances to these individuals.
As to others, the Court has held that it constitutes the unlicensed practice of law for a nonlawyer
to prepare a warranty deed, quitclaim deed, land trusts, leases and mortgage agreements. The
Florida Bar v. Irizarry, 268 So. 2d 377 (Fla. 1972); The Florida Bar v. Hughes, 697 So. 2d 501
(Fla. 1997); The Florida Bar v. Lister, 662 So. 2d 1241 (Fla. 1995); The Florida Bar v. Valdes,
464 So. 2d 1183 (Fla. 1985)(there are 3 Supreme Court Approved leases which nonlawyers may
complete with information provided orally by the individual). However, an authorized agent
may bid at a mortgage judicial foreclosure sale. Heilman v. Suburban Coastal Co.
, 506 So. 2d
1088 (Fla. 4th DCA 1987).
21. SEMINARS ON LEGAL RIGHTS
A nonlawyer may conduct a seminar at which general legal information is given, however, the
nonlawyer may not give specific legal advice. The Florida Bar v. Raymond, James and
Associates, Inc., 215 So. 2d 613 (Fla. 1968). Therefore, while the nonlawyer may give general
information, the nonlawyer may not answer specific legal questions.
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