Facts
- The Florida Bar filed an original proceeding seeking to enjoin Marilyn R. Brumbaugh, a nonlawyer, from the unauthorized practice of law.
- Brumbaugh operated “Marilyn’s Secretarial Service” and advertised typing services for “Do-It-Yourself divorces,” wills, resumes, and bankruptcies.
- For uncontested dissolutions of marriage, Brumbaugh did more than type from customer-provided forms.
- She interviewed customers to obtain facts and the relief sought, then prepared the documents needed for an uncontested dissolution proceeding.
- She advised customers about costs and the procedures to obtain a dissolution, including steps related to filing and appearances.
- She charged a flat fee of $50 for the divorce-related package.
- A court-appointed referee found Brumbaugh’s activities constituted unauthorized practice of law; Brumbaugh objected, characterizing her work as secretarial and asserting civil and economic rights concerns.
Issues
- Whether a nonlawyer who interviews customers, prepares divorce pleadings, and gives procedural guidance for uncontested dissolutions engages in the unauthorized practice of law.
- What nonlawyer assistance—such as selling forms or providing general instructions—may be permitted without constituting unauthorized practice of law.
Decision
- The Florida Supreme Court held that Brumbaugh’s proven conduct constituted the unauthorized practice of law.
- The Court approved a permanent injunction prohibiting Brumbaugh from continuing the enjoined activities.
- The Court also identified permissible nonlawyer conduct, including selling printed legal forms and providing general, written information and instructions.
- The Court rejected a rule that would treat all form-related or clerical assistance as unauthorized, but drew a clear line against individualized counseling and document preparation based on customer interviews.
Legal Principles
- Unauthorized-practice restrictions exist to protect the public from unqualified legal assistance, not to preserve a professional monopoly.
- A nonlawyer may sell printed legal forms and distribute general written instructions about procedure.
- A nonlawyer commits unauthorized practice of law by interviewing a customer to elicit facts and then selecting, completing, or preparing legal documents tailored to the customer’s situation.
- A nonlawyer commits unauthorized practice of law by giving individualized guidance about the advisability of legal action or about specific procedural steps in a particular case.
- The right of self-representation does not include a right to receive unlicensed legal assistance involving legal judgment.
Conclusion
The Florida Supreme Court permanently enjoined a nonlawyer divorce document service that relied on client interviews, tailored document preparation, and individualized procedural advice, while allowing nonlawyers to sell legal forms and provide only general, written instructions and purely mechanical transcription.