THE FLORIDA BAR, PETITIONER,
v.
FRED IRIZARRY, RESPONDENT

Fla. | 1972-10-18
No. 42493
ROBERTS, C. J., and ERVIN, CARLTON, McCAIN and DEKLE, JJ., concur.
268 So. 2d 377 Florida Supreme Court (1972) Positive Treatment
Cited by 4 cases

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Synopsis

The Florida Bar sought to enjoin Fred Irizarry, a non-lawyer, from the unauthorized practice of law after he drafted real estate documents for compensation, including a warranty deed, despite not being a bar member. The Florida Supreme Court held that Irizarry's conduct constituted the practice of law and permanently enjoined him from engaging in such activities.


Holding

The court held that Irizarry engaged in the practice of law by preparing legal instruments, particularly the warranty deed, which are prohibited to both licensed brokers and non-brokers alike, and accordingly permanently enjoined him from the unauthorized practice of law in Florida.


Headnotes

[1] The practice of law includes the preparation of legal instruments by which legal rights are obtained, secured, or given away.

[2] The performance of services for compensation that affect important rights of a person under the law, and require legal skill greater than that of the average citizen, con…

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Key Quotes

“the practice of law also includes the giving of legal advice and counsel to others as to their rights and obligations under the law and the preparation of legal instruments, including contracts, by which legal rights are either obtained, secured or given away”

Establishes the broad definition of practice of law that includes document preparation affecting legal rights

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Facts & Procedural History

In September 1970, Irizarry, a non-bar member and non-licensed real estate broker, was paid $75 to draft a contract of purchase and sale and completio…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

On petition of The Florida Bar, this Court issued its order directing that the Respondent, Fred Irizarry, who is not a member of The Florida Bar, show cause why he should not be held in contempt of this Court for violation of the Integration Rule of The Florida Bar heretofore adopted by this Court, and why he should not be enjoined from the unauthorized practice of law.

In its petition, The Florida Bar charged that Respondent, a resident of Florida, engaged in the unauthorized practice of law by the following act:

“In or about September, 1970, in Miami, Dade County, Florida, Respondent was paid the sum of $75,00 by the buyer for drafting a contract of purchase and sale and for completion of the closing documents such as a Warranty Deed and Closing Statement, in a real estate transaction in which Francisco Rosado and Eluminada Rosado, his wife, were sellers, and Ramon Matías and Nellie Ma-tías, his wife, were purchasers; that respondent neglected to prorate real estate taxes on the closing statement to the damage of the purchasers and neglected to record the Warranty Deed until after repeated demands were made by an attorney subsequently employed by purchasers; . . . ”

By letter following notice to show cause, Respondent admitted the above violation and requested this Court to issue its injunction restraining further violations of Article II, Section 2 of the Integration Rule of The Florida Bar, 32 F.S.A.

In Florida Bar v. Town, 174 So.2d 395 (Fla.1965), quoting the earlier decision of this Court in State of Florida ex rel. The Florida Bar v. Sperry, 140 So.2d 587 (Fla. 1962), we said:

“It is generally understood that the performance of services in representing another before the courts is the practice of law. But the practice of law also includes the giving of legal advice and counsel to others as to their rights and obligations under the law and the preparation of legal instruments, including contracts, by which legal rights are either obtained, secured or given away, although such matters may not then or ever be the subject of proceedings in a court.
“We think that in determining whether the giving of advice and counsel and the performance of services in legal matters for compensation constitute the practice of law it is safe to follow the rule that if the giving of such advice and performance of such services affect impor*379tant rights of a person under the law, and if the reasonable protection of the rights and property of those advised and served requires that the persons giving such advice possess legal skill and a knowledge of the law greater than that possessed by the average citizen, then the giving of such advice and the performance of such services by one for another as a course of conduct constitute the practice of law.”

As concerns the preparation of legal instrütnents in real estate transactions, we have limited the permissible scope of activities of real estate brokers to preliminary negotiations and preparation of the contract. We have said that where the broker has no interest in the transaction except as a broker, he may not complete standard conveyancing forms such as deed, mortgages, notes, assignments and satisfactions. Keyes Co. v. Dade County Bar Association, 46 So.2d 605 (Fla.1950); Cooperaran v. West Coast Title Company, 75 So.2d 818 (Fla.1954); and Florida Bar v. Teitelman, 261 So.2d 140 (Fla.1972).

The record does not disclose whether or not Respondent is a licensed real estate broker, but this is immaterial inasmuch as at least one of the instruments prepared by Respondent (e. g. the Warranty Deed) is prohibited to brokers and non-brokers alike. Therefore we hold that the Respondent Fred Irizarry did engage in activities definable as the “practice of law” in Florida although he was not then and is not now a member of The Florida Bar; accordingly, it is ordered that Respondent be permanently enjoined and restrained from the unauthorized practice of law in the State of Florida.

It is so ordered.

ROBERTS, C. J., and ERVIN, CARLTON, McCAIN and DEKLE, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • THE Florida BAR v. Larkin, 298 So. 2d 371 (Fla. 1974)
    …izen, then the giving of such advice and the performance of such services by one for another as a course of conduct constitute the practice of law.” See The Florida Bar v. Town (Fla.1965), 174 So. 2d 395, and The Florida Bar v. Irizarry (Fla.1972), 268 So. 2d 377. We adhere to that view, and find that the respondent’s preparation of wills and antenuptial agreements for others, both of which af-feet important rights of persons under the law, without the review and approval of an attorney licensed to practice…
  • THE Florida BAR v. Dale, 496 So. 2d 813 (Fla. 1986)
    …n connection with the purchase and sale” of the restaurant, while charging an exorbitant fee for his supposed title advice, and that the advice as given had adversely affected Bahl’s important and substantial rights. See The Florida Bar v. Irizarry, 268 So. 2d 377 (Fla.1972). We approve the findings of the referee in this case, The Florida Bar v. Mandel, 417 So. 2d 647 (Fla.1982); The Florida Bar v. Coastal Bonded Title Co., 323 So. 2d 562 (Fla.1975), but adopt only in part his recommendations as to the prop…

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