Indiana State Bar Association Wins Unauthorized Practice of Law Action

A summary of State ex rel. Indiana State Bar Ass’n v. United Financial Systems Corp., 926 N.E.2d 8 (Ind. 2010) is below:

In October 2008, the Indiana State Bar Association filed an action against United Financial Systems, an estate planning services company, alleging unauthorized practice of law. In April, the Indiana Supreme Court ruled in favor of the Bar Association.

The Court found that United’s business model made the attorney’s role in preparing wills and trusts so minimal that it crossed the line of permissible practices. The fact that some customers may have received legally effective estate plans does not make United’s conduct legal.

The Court ordered United to pay the Bar Association certain statutory attorney fees (associated with defending against United’s baseless argument against the Bar Association) as well as costs and expenses. The Court also ordered United to notify all of its Indiana estate plan customers about possibly receiving a refund.

Special thanks to Ronald Volkmer (Professor of Law, Creighton University School of Law) for bringing this to my attention.