THE FLORIDA BAR, COMPLAINANT,
v.
JOE MILLS, JR., RESPONDENT
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The Florida Supreme Court affirmed a referee's findings that Joe Mills, Jr., a nonlawyer, engaged in the unauthorized practice of law by drafting articles of incorporation for a client. The Court enjoined Mills from forming corporations and related work, found him guilty of indirect criminal contempt, and assessed costs against him.
Drafting articles of incorporation is the practice of law. The Court enjoined Mills from forming corporations for others and from advising others regarding such matters; found him guilty of indirect criminal contempt of the Supreme Court; withheld imposition of fines or imprisonment; and assessed costs of $361.51 against him.
[1] Drafting articles of incorporation constitutes the practice of law.
[2] A nonlawyer who prepares articles of incorporation for another person may be enjoined from forming corporations for others, including the preparation of incidental docume…
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Join FLexlaw to unlock all legal intelligence“Drafting articles of incorporation is the practice of law.”
Establishes the core legal principle that corporate document preparation constitutes unauthorized practice of law when done by nonlawyers.
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Join FLexlaw to unlock all legal intelligenceMills, a nonlawyer, prepared articles of incorporation for a client (Ed's Auto Supply, Inc.), work that damaged the client. A referee appointed by the…
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PER CURIAM.
This is a proceeding, on a complaint of The Florida Bar against Joe Mills, Jr., contending he has engaged in the unauthorized practice of law. This Court appointed the Honorable Wallace E. Sturgis, Jr., as referee to conduct a hearing. Judge Sturgis found that the respondent, a nonlawyer, prepared articles of incorporation for a client who was damaged by that work. Drafting articles of incorporation is the practice of law. The Florida Bar v. Fuentes, 190 So. 2d 748 (Fla.1966); The Florida Bar v. Keehley, 190 So. 2d 173 (Fla. 1966); The Florida Bar v. Town, 174 So. 2d 395 (Fla.1965).
The referee recommended:
1. The referee recommends that the respondent, Joe Mills, Jr., be enjoined “ . .. from forming corporations for others, including the preparation of charters, bylaws, resolutions, and other documents incidental to the contractual rights of the corporation, its incorporators, and stockholders, and from advising others in respect thereto.” (See The Florida Bar v. Town, 174 So. 2d 395 (Fla.1965).
2. The referee recommends that the respondent, Joe Mills, Jr., be found guilty of indirect criminal contempt of the Supreme Court for violation of the Court’s rule against unauthorized practice of law by the respondent’s act of preparing the Articles of Incorporation for Ed’s Auto Supply, Inc. 3. The referee recommends that the Supreme Court withhold the imposition of any fine or imprisonment under the finding of guilty of indirect criminal contempt.
4. The referee recommends that the Supreme Court assess the costs of this proceeding against the respondent, such costs in the amount to be determined by appropriate affidavit to be submitted to the referee by the petitioner and forwarded to the Supreme Court for final approval.
We approve and adopt these recommendations as the order of this Court. The costs required to be paid are $361.51.
It is so ordered.
SUNDBERG, C. J., and ADKINS, OVER-TON and McDONALD, JJ.„ concur. BOYD, J.:
I would enjoin respondent from practicing law and require payment of costs but I would not find him guilty of indirect criminal contempt.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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THE Florida BAR v. Schramek, 616 So. 2d 979 (Fla. 1993)…s other than one’s self constitutes the unauthorized practice of law); The Fla. Bar v. Mills, 410 So. 2d 498 (Fla.1982) (giving advice regarding procedures to follow for an appeal constitutes the unauthorized practice of law); The Fla. Bar v. Mills, 398 So. 2d 1368 (Fla.1981) (drafting articles of incorporation is the practice of law); The Fla. Bar v. Town, 174 So. 2d 395 (Fla.1965) (same). Schramek’s assertion before the Unlicensed Practice of Law Committee that he has no way of determining what constitutes t…
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THE Florida BAR v. Davide, 702 So. 2d 184 (Fla. 1997)…ciates, 215 So. 2d 613 (Fla.1968); The Florida Bar v. Consolidated Business and Legal Forms, 386 So. 2d 797 (Fla.1980); The Florida Bar re Advisory Opinion-Nonlawyers Preparation of Living Trusts, 613 So. 2d 426 (Fla.1992); The Florida Bar v. Mills, 398 So. 2d 1368 (Fla.1981); The Florida Bar v. Brower, 402 So. 2d 1171 (Fla.1981); The Florida Bar v. Schramek, 616 So. 2d 979 (Fla.1993); The Florida Bar v. Peake, 364 So. 2d 431 (Fla.1978); The Florida Bar v. Retureta-Cabrera, 322 So. 2d 28 (Fla.1975); The Florid…
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Dunn v. the Florida Bar, 726 F. Supp. 1261 (M.D. Fla. 1988)…would require the interpetation [sic] of the raw data and the application of the collected facts to the statutes and case law in deciding what is to be alleged and relief requested. This is clearly the giving of advice. Florida Bar v. Mills, [398 So.2d 1368 (Fla.1981) ] See also, The Florida Bar v. American Legal & Business Forms, Inc., 274 So.2d 225 (Fla.1973). In addition, the selection of this Form and its completion to achieve the legal rights sought by the Plaintiff class member is legal dra…
Authorities Cited
- THE Florida BAR v. Albert P. Town, 174 So. 2d 395 (Fla. 1965)
- THE Florida BAR v. Fuentes, 190 So. 2d 748 (Fla. 1966)
- THE Florida BAR v. Keehley, 190 So. 2d 173 (Fla. 1966)