91 N.J.L.J. 657
October 10, 1968
OPINION 1
Foreign Attorney: Real Estate Transactions
May a member of the bar of a foreign state, not a member of
the bar of New Jersey, represent a resident of this state in a
transaction involving the purchase of real estate in New Jersey?
The foreign attorney causes the title to be searched, debates title
questions involving New Jersey law, prepares the necessary bond and
mortgage for the purchaser, settles all the closing adjustments and
is present to advise and guide the purchaser on final settlement
which takes place in the State of New Jersey.
Under the authority granted by the New Jersey Constitution of
1947, Art. VI, § 2, par. 3, the Supreme Court has appointed this
Committee and vested it with authority to render advisory opinions
relating to the unauthorized practice of law, R.R. 1:12A.
It is the opinion of the Committee that such action
constitutes the unauthorized practice of law.
The acts of an attorney in representing the New Jersey
resident in the manner aforesaid constitutes the practice of law;
and such practice of law by one not duly authorized to practice in
the State of New Jersey is interdicted by the law of this state.
Cape May Co. Bar Assn. v. Ludlam, 45 N.J. 121 (1965); N.J. State
Bar Assn. v. Northern N.J. Mortgage Associates, 22 N.J. 184 (1956);
Appell v. Reiner, 43 N.J. 313 (1964).