Legal Question in Wills and Trusts in Alabama

I am a certified bookkeeper in the State of Alabama. I have a client who relocated to Alabama from Reno, Nevada and has asked me to update/revise her Living Trust, Will, Healthcare Power of Attorney and Burial Request documents. I have the software to do make the changes, however, her previous documents were done by a Lawyer. My question: would it be illegal for me to draw up these documents for the client in the State of Alabama.

I have drawn up Will documents for clients and notarized them, however, I've always advised them to seek a Lawyer for legal questions and to review the document.

Do you think I'm within the law to do these type of documents for clients, as long as I let them know I'm not a Lawyer and do not give legal advice, but refer them to counsel? Thank you


Asked on 7/27/11, 9:37 am

2 Answers from Attorneys

Joshua Key The Law Offices of Joshua Key, PLLC

Any modification would be viewed as an unauthorized practice of law and you would be subject to any penalties should you be caught or have any issue with them. Not to mention the fact that there are subtle differences in the law from state to state which you may not be aware of. Also, most probate offices in the state will require information on the documents regarding the drafter and you might get caught that way. Moreover, just because you tell people you are not a lawyer and not giving them advice does not waive the fact that your conduct would amount to legal advice. Paralegal and support staff, who are not lawyers, have to have their work reviewed by an attorney licensed in the state in order for them to circumvent the practice rule. I would recommend that you send them to an attorney ASAP. I know you mean well and are trying to help your client, but It would just be taking on a mountain of liability should you get caught or something go wrong. I would highly recommend that you refer your client for your own safety and your client's.

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Answered on 7/27/11, 9:46 am
William Nolan Nolan Elder Law LLC

I agree 100% with Joshua. The fee you might generate for this work would not come close to the liability you are assuming if you make a mistake or if a relative contests the will. And I do not think that a judge or a prosecutor would have much sympathy for you if it came to that.

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Answered on 7/27/11, 9:49 am


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