## Facts

- A State Bar committee issued an advisory opinion concluding that preparing a deed of conveyance for another, and facilitating its execution, constitutes the practice of law and must be done by a Georgia-licensed attorney.
- The opinion addressed deeds used in real estate transactions, including warranty deeds, limited warranty deeds, quitclaim deeds, security deeds, and deeds to secure debt.
- The State Bar sought discretionary review of the advisory opinion under Bar rules, and the Georgia Supreme Court granted review.
- Supporters of non-lawyer “witness-only” closings argued that non-lawyers should be permitted to handle execution-related tasks to reduce closing costs.
- The matter reached the court as review of an advisory opinion defining unauthorized practice of law, not as an adversarial civil action between private parties.

## Issues

1. Whether preparing a deed of conveyance for another and facilitating its execution in connection with a real estate transaction constitutes the unauthorized practice of law when performed by a non-lawyer in Georgia.
2. Whether real estate closings involving deed preparation and execution may be conducted without the physical presence and responsibility of a Georgia-licensed attorney.

## Decision

- The Georgia Supreme Court approved the advisory opinion.
- The court held that only a licensed Georgia attorney may prepare a deed of conveyance or facilitate its execution on behalf of another.
- The court confirmed that non-lawyers who prepare deeds of conveyance or facilitate their execution in real estate closings engage in the unauthorized practice of law.
- The court treated the advisory opinion as consistent with prior guidance requiring attorney involvement and prohibiting delegation of closing responsibilities to non-lawyers.

## Legal Principles

- The Georgia Supreme Court has inherent and exclusive authority to define and regulate the practice of law in Georgia, including policing unlicensed practice.
- Preparing instruments that transfer interests in real property, and supervising or facilitating their execution for another, involves legal judgment and therefore constitutes the practice of law.
- An attorney may not shift responsibility for closing functions that include deed preparation or execution facilitation to a non-lawyer; attorney presence and responsibility are required for those functions.
- Unauthorized practice of law rules serve public protection by limiting such services to professionals subject to ethical duties, discipline, and liability.

## Conclusion

The court approved the advisory opinion and reaffirmed that, in Georgia real estate transactions, deeds of conveyance may be prepared and their execution facilitated only by Georgia-licensed attorneys; non-lawyer “witness-only” closings that include these functions constitute unauthorized practice of law.


In re UPL Advisory Opinion 2003-2, 277 Ga. 472, 588 S.E.2d 741 (Ga. 2003)