Facts
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Candice L. Miravalle, a nonlawyer, owned and operated Express Legal Services, Inc. in Melbourne, Florida.
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Miravalle prepared legal documents for members of the public that were not Florida Supreme Court–approved forms, including:
- A marital settlement agreement and a final judgment of dissolution of marriage (1995).
- Multiple bankruptcy-related and judgment/lien/quiet title motions and proposed orders (1996).
- A motion to reopen a bankruptcy case and a notice of service (1997).
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In interrogatory responses, Miravalle admitted she obtained information through oral communications with customers, used information from other documents, performed legal research, and drafted and typed the documents.
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Express Legal Services advertised in newspapers (1997–1999) using the name “Express Legal Services,” asked whether readers were ignoring “legal needs” because they could not afford an attorney, and listed areas of “assistance.”
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A referee granted the Bar summary judgment, found unlicensed practice of law (UPL), and recommended a permanent injunction; respondents sought review and raised constitutional objections.
Issues
- Whether a nonlawyer’s interviewing of customers, legal research, and drafting of nonapproved legal documents for others constitutes UPL.
- Whether using the business name “Express Legal Services” and advertisements implying the provision of legal services constitutes UPL by holding out as authorized to provide legal assistance.
- Whether summary judgment is available in UPL proceedings when no genuine issues of material fact exist.
- Whether prohibiting respondents’ conduct violated constitutional rights to contract or equal protection.
Decision
- The Florida Supreme Court approved the referee’s findings and recommendations and adopted the summary judgment order.
- The Court held respondents engaged in UPL by preparing legal documents that required legal judgment and were not approved forms.
- The Court held respondents engaged in UPL by using a misleading business name and advertising that implied authorization to provide legal services.
- The Court rejected respondents’ constitutional challenges.
- The Court permanently enjoined respondents from engaging in the practice of law and taxed costs against them.
Legal Principles
- Nonlawyers commit UPL when they go beyond clerical transcription and instead select, draft, or tailor legal documents for others using legal judgment, including through client interviews and legal research.
- A nonlawyer’s use of misleading business names or advertisements that imply legal authorization or legal expertise can constitute UPL by holding out as a legal services provider.
- Summary judgment procedures apply in UPL proceedings; summary judgment is proper where there is no genuine dispute of material fact and the issue is the legal characterization of undisputed conduct.
- Florida’s regulation of the practice of law permits enjoining nonlawyers from providing legal services; contract and equal protection arguments do not require allowing nonlawyers to perform activities deemed the practice of law.
Conclusion
The Florida Supreme Court affirmed summary judgment and a permanent injunction against a nonlawyer business whose document-drafting, research, and client-interview practices, combined with advertising implying legal services, constituted the unlicensed practice of law; constitutional objections were rejected and costs were assessed.