Facts: Petitioner Great Western Union Savings and Loan Association completed and drafted legal forms such as deeds and mortgages in connection with its customers’ real estate transactions, leading the respondent Washington State Bar Association to file suit against Great Western in the Superior Court for Spokane County seeking declaratory and injunctive relief. The trial court held that Great Western had engaged in the unauthorized practice of law in violation of Washington Revised Code §2.48.010. Great Western appealed this decision to the Supreme Court of Washington.

Question(s): Did Great Western’s completion and drafting of legal forms constitute the unauthorized practice of law?

Conclusion: Justice Stafford’s opinion for a unanimous Court ruled that Great Western had engaged in the unauthorized practice of law as the services performed are ordinarily performed by licensed attorneys and the pro se exception permitting laypersons to act as their own attorney did not apply as it applies only to individuals acting on their own behalf. As Great Western charged a fee to customers for preparing legal documents, its actions could not be characterized as practicing law on its own behalf.

Docket No. 45350

Petitioner: Great Western Union Savings and Loan Association

(Counsel: Harold D. Johnson and Larry Setchell)

Respondent: Washington State Bar Association

(Counsel: George A. Kain)

Decided: Thursday, November 16th, 1978

Prevailing Party: Washington State Bar Association (Respondent)

Vote: 9-0

Opinion: 91 Wn.2d 48 (1978)

Court: Wright1 Court (1977-1978)

Wright

Rosellini

Hamilton

Stafford

Utter

Brachtenbach

Horowitz

Dolliver

Hicks