Wednesday, March 07, 2007

CAN THE MAKER OF LEGAL SELF-HELP SOFTWARE BE LIABLE FOR PRACTICING LAW?

The Internet age has created many digital entrepreneurs. Many of these entrepreneurs run their businesses through computers and different software packages that can do everything under the sun. As a result, many attorneys and non-attorneys have been creating self-help websites that allow the users to create, download and print custom legal forms. It can be a lucrative business especially for an attorney with an extensive library of original forms/contracts.

However, times may be the changing. In a recent decision, the 9th Circuit recently ruled that a legal software vendor engaged in the unauthorized practice of law.

The suit, Frankfort Digital Services v. Kistler (In re: Reynoso), arose out of a bankruptcy proceeding, during which the petitioner paid to use browser-based software that prepared his bankruptcy petition based on information he provided. For the full article, click here.

The Court also found that the software vendor advertised itself as having/offering expertise in the law. If any practitioner provides these types of legal services over the Internet, he/she will need to examine his/her actions to ensure that they are within the boundaries of the law.

Could this court ruling also be applicable to brick and mortar document preparation operations such as We The People?

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