94 N.J.L.J. 303
April 22, 1971
Real Estate Agency Advertising Legal Services
The complaint stems from a printed newspaper advertisement
addressed to "LANDLORDS - APARTMENT OWNERS." A licensed real
estate broker states, "WE PROVIDE ... LEGAL SERVICES; all leases
prepared, eviction notices served, collection of delinquent rents,
and appearances in court for you when necessary."
This advertisement offers the performance of legal services by one not authorized to practice law:
"The drawing of legal instruments ... for others ... is clearly within traditional definition of the practice of law ..." N.J. State Bar Ass'n vs. Northern N.J. Mortgage Associates, 32 N.J. 430, 444 (1960).
Our Committee recently held that the solicitation through
advertisement by a layman for the sale of a will form constituted
the unauthorized practice of law. Similarly, it would appear that
an advertisement offering to prepare all leases and the performance
of the other services set forth in this advertisement as specified
above, would constitute an unauthorized practice of law. Such
services would require the exercise of judgment in the proper
drafting of legal instruments, or even the selecting of the proper
form of instrument, and it has been held "that persons providing
such services be licensed members of the legal profession." Cape
May County Bar Association vs. Ludlam, 45 N.J. 121, 126 (1965).