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Practicing w/out a lic.


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#1 morganREI

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Posted 13 August 2008 - 12:54 PM

what steps can be taken to keep someone from perceiving your CA contracts as "practicing law w/out a license". Example you provide the documents for the T/b to sign, then Down the road t/b and owner end up in court with a document you put together.

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#2 MichaelC

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Posted 13 August 2008 - 01:02 PM

The contracts you use will specify a few things to alleviate that concern. Specifically, anyone signing the document has read a paragraph that states they have been advised to seek legal counsel before signing, and that they shall not hold liable the preparer of said documents. In all my years of doing this, I have never been accused of imitating an attorney. Imagine the insult! :blush:

#3 reinvestortx

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Posted 08 March 2009 - 07:36 PM

The contracts you use will specify a few things to alleviate that concern. Specifically, anyone signing the document has read a paragraph that states they have been advised to seek legal counsel before signing, and that they shall not hold liable the preparer of said documents. In all my years of doing this, I have never been accused of imitating an attorney. Imagine the insult! :lol:


Michael, do you do any specific marketing to generate consulting fees? Seems like this could be some easy money.

#4 MichaelC

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Posted 09 March 2009 - 09:54 AM

I don't use any specific marketing for Consulting. The times I have ended up as a Consultant in a deal has come about as a result of a homeowner not being too highly motivated, but still intrigued by the idea of a lease option. They don't want me in the middle, they don't want to share any of their money, but they need my know how and paperwork. Thus, I'll consult with them professionally and walk them through the marketing and the deal in exchange for an agreed to amount of money, paid in advance. So I haven't really pursued this as a means of income, but rather as a way to make a buck when the deal was all but lost. That's not to say you couldn't make it into something bigger if you pursued it.

#5 John M

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Posted 13 February 2010 - 01:33 PM

As a retired and not licensed lawyer in my present home state, I normally draft my own RE docs, as ANYBODY can do, whether he's a lawyer or not.
Licensing is only required if that person is representing somebody else, which can only be done by lic. lawyer.
As a matter of fact I've represented myself in a number of courts in USA and CAN and of course have never been challenged as all lawyers are quite familiar with Pro Se (or Pro Persona) person who's representing himself as is his right in USA and all CAN provinces.

The advice given you to insert some language in your docs to the effect that the other party is advised to seek his own legal counsel is good advice but you'll find it's rarely followed as most everybody thinks (erroneously) that he's as good a lawyer as he could hire. In that legal notice and disclosure I always state that I'm representing myself only and in no way representing anybody else.




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