Facts
- Richard Casull, a gunsmith who held multiple bullet-related patents, and his wife, Geraldine, were in their mid-seventies and had a lawyer prepare a living trust to protect their assets.
- Wyoming attorney Kevin Voyles amended the Casulls’ living trust in 2010 and again in 2016.
- In 2017, Clyde Stock, a nonlawyer, persuaded the Casulls to sign a document titled “D&G Bullet Trust, a business trust.”
- Stock represented that the document created an irrevocable “complex-business trust” that would protect business assets but not affect the Casulls’ personal property.
- The Bullet Trust’s written terms, however, purported to cover all of the Casulls’ property.
- Stock prepared and had the Casulls sign quitclaim deeds transferring their personal residence into the Bullet Trust, which later created title problems requiring corrective work.
- Stock arranged for himself and another nonlawyer, Martin Occhi, to serve as trustees with very broad discretion, including authority to set trustee compensation and provisions limiting trustee liability.
- The Casulls also signed powers of attorney authorizing Stock to act on their behalf.
- A nephew who was a beneficiary under the Casulls’ earlier living trust brought the Bullet Trust documents to Voyles.
- Voyles contacted the Wyoming Office of Bar Counsel, describing the Bullet Trust’s unusual terms and asserting that Stock had engaged in the unauthorized practice of law.
- Voyles also reported concerns that Richard Casull was terminally ill, did not read or understand what he signed, and did not realize that property had been moved out of his and Geraldine’s names; Voyles also questioned Geraldine’s capacity to sign legal documents.
- Richard Casull died about three months later (May 2018), and Geraldine died in February 2019, both at age 87.
- The nephew later retained another attorney, who submitted a formal report to Bar Counsel accusing Stock and Occhi of unauthorized practice of law.
- Stock responded to Bar Counsel by letter, stating he did not intend to practice law, that he and Casull had been friends for decades, and that he merely reused his own estate-plan materials for the Casulls; Stock later sent another letter citing cases he believed supported his position.
- Voyles obtained an appraisal and title commitment to address the title problems caused by the Bullet Trust, with costs and fees totaling $4,464.
- Bar Counsel proposed resolving the matter through a consent agreement that would require Stock to reimburse the title-related costs and pay $100 for each legal document he prepared; Stock replied with an “Express Notice of ‘Waiver of Tort’” demanding $620,000 to settle claims against Bar Counsel and others.
- The Unauthorized Practice of Law Committee petitioned for relief, and a hearing was held; Voyles testified and documentary evidence was received, but Stock did not appear.
Issues
- Whether a nonlawyer commits the unauthorized practice of law in Wyoming by preparing a trust instrument and related deeds and powers of attorney for others and directing their execution.
- What relief is authorized when the Unauthorized Practice of Law Committee proves a violation, including injunctive and monetary remedies.
Decision
- The Wyoming Supreme Court approved, confirmed, and adopted the Unauthorized Practice of Law Committee’s findings of fact, conclusions of law, and recommendations.
- The Court concluded that Stock engaged in the unauthorized practice of law by preparing the Bullet Trust and related legal instruments for the Casulls and by participating in implementing that plan.
- The Court permanently enjoined Stock from engaging in the unauthorized practice of law in Wyoming.
- The Court ordered Stock to pay a $4,000 fine to the Wyoming State Bar.
- The Court ordered restitution of $4,464 for the costs and fees incurred to address the title problems created by the Bullet Trust deeds.
- The Court ordered Stock to reimburse $5,877.67 in costs incurred by the Unauthorized Practice of Law Committee.
- The Court authorized execution to issue on the monetary obligations if Stock failed to comply by the deadline stated in the order.
Legal Principles
- Preparing legal instruments for another person—such as trusts, deeds transferring real property, and powers of attorney—constitutes the practice of law when it requires legal judgment about rights, duties, and the legal effect of the documents.
- A person who is not licensed, admitted, or otherwise authorized under Wyoming’s governing rules may not provide those services to others.
- In an unauthorized-practice proceeding, the Wyoming Supreme Court may enter injunctive relief to stop future violations and may also impose monetary remedies such as fines, restitution, and reimbursement of investigation and hearing costs.
- A respondent’s assertion that a license is unnecessary does not excuse conduct that the governing rules reserve to authorized legal practitioners.
Conclusion
In Unauthorized Practice of Law Comm. of Wyoming State Bar v. Stock, the Wyoming Supreme Court adopted the Committee’s findings that Clyde Stock, a nonlawyer, prepared and implemented the “D&G Bullet Trust” estate plan and related deeds and powers of attorney for the Casulls, and the Court entered a permanent injunction and ordered a fine, restitution for title-correction expenses, and payment of the Committee’s costs.