Real Estate Closing Services Provided by Non-lawyers:
Antitrust Division Comments

In many states, both lawyers and non-lawyers compete to provide real estate closing services to consumers.

The Antitrust Division advises states to reject laws that prohibit non-lawyers from providing real estate closing services. This page provides details on the Division’s efforts in selected states:

• American Bar Association
• Comments to the American Bar Association on the Proposed Model Definition of the Practice of Law (12/20/2002)

• Georgia
• Comments to the State Bar of Georgia on Potential Unlicensed Practice of Law Opinion Regarding Real Estate Closing Activity (3/20/2003)

• Indiana
• Comments to the Indiana State Bar Association on the Draft Proposed Amendment to Indiana Supreme Court Admissions & Discipline Rule 24 Regarding Unauthorized Practice of Law (10/01/2003)

• Kansas
• Comments to the Kansas Bar Association on the Proposed Definition of the Practice of Law (02/04/2005)

• Kentucky
• Comments to the Kentucky Bar Association on the Proposed Opinion KBA U-58 Prohibiting Real Estate Closings By Non-Attorneys (06/10/1999)
• Comments to the Kentucky Bar Association on the Proposed Opinion Prohibiting Real Estate Closings By Non-Attorneys (09/10/1997)

• Massachusetts
• Comments to the Massachusetts Bar Association on the Draft Proposed Definition of the Practice of Law in Massachusetts (12/16/2004)
• Comments to the Massachusetts House of Representatives on House Bill 180 Concerning Legislation of Non-Lawyer Competition for Real Estate Closings (10/06/2004)

• North Carolina
• Comments to the North Carolina State Bar on Proposed Opinions Concerning Non-Attorneys’ Involvement in Real Estate Transactions (07/11/2002)
• Comments to the North Carolina State Bar on Opinions Restricting Involvement of Non-Attorneys in Real Estate Closings and Refinancing Transactions (12/14/2001)

• Rhode Island
• Comments to the Rhode Island Senate on House Bill No. 5936, Proposed Restrictions on Competition from Non-Attorneys in Real Estate Closing Activities (06/30/2003)
• Comments to the Rhode Island House of Representatives on Proposed Bills H. 5936 and H. 5639, Proposed Restrictions on Competition from Non-Attorneys in Real Estate Closing Activities (03/28/2003)
• Comments to the Rhode Island House of Representativeson on Proposed Bill H. 7462, Restricting Competition from Non-Attorneys in Real Estate Closing Activities (03/29/2002)

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