UNAUTHORIZED PRACTICE OF LAW COMMITTEE V. PARSONS TECHNOLOGY, INC. 1999 WL 47235 (1999) CASE BRIEF

UNAUTHORIZED PRACTICE OF LAW COMMITTEE V. PARSONS TECHNOLOGY, INC.

1999 WL 47235 (1999)

NATURE OF THE CASE: Unauthorized (P) and Parsons (D) both brought a motion for summary judgment in P's suit alleging that the selling of D's software violated Texas' unauthorized practice of law statute.

FACTS: D is engaged in the business of developing, publishing and marketing software products, such as Quicken Financial Software, Turbo Tax, and Webster's Talking Dictionary. D published and offered for sale through retailers in Texas a computer software program entitled Quicken Family Lawyer, version 8.0, and its updated version Quicken Family Lawyer '99. The software program included legal forms along with instructions on how to fill out these forms. Plaintiffs, the unauthorized practice of law committee, is comprised of six Texas lawyers and three lay citizens appointed by the Supreme Court of Texas. The UPLC is responsible for enforcing Texas' unauthorized practice of law statute, TEX. GOV'T CODE 81.101-.106, P brought suit alleging that the selling of D's program violated Texas' unauthorized practice of law statute, Tex. Gov't Code 81.101, and sought to enjoin the sale of the program. The program offers over 100 different legal forms (such as employment agreements, real estate leases, premarital agreements, and seven different will forms) along with instructions on how to fill out these forms. The packaging represents that the product is 'valid in 49 states including the District of Columbia;' is 'developed and reviewed by expert attorneys;' and is 'updated to reflect recent legislative formats.' The packaging also indicates that QFL will have the user 'answer a few questions to determine which estate planning and health care documents best meet [the user's] needs;' and that QFL will 'interview you in a logical order, tailoring documents to your situation.' The packaging reassures the user that 'handy hints and comprehensive legal help topics are always available.' Once the program is installed a digital disclaimer is presented that says the program cannot and does not provide specific information for your exact situation. This disclaimer does not appear anywhere on QFL's packaging. Additionally, it does not appear on subsequent uses of the program unless the user actively accesses the 'Help' pull-down menu at the top of the screen and then selects 'Disclaimer.' P believed the following forms came within the unauthorized practice of law statute 1. Codicil to the Will 2. Employment Agreement 3. Employment Agreement short form 4. Equipment Lease 5. General Power of Attorney 6. Joint Living Trust 7. Living Trust 8. Living Will 10. Pour-over Will 11. Premarital Agreement 12. Promissory note 13. Residential Real Estate Lease - Long and Short Form 14. Special Power of Attorney 15. Stock Power and 16. The Seven Will Forms. Both parties asked for summary judgment.

ISSUE:

RULE OF LAW:

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LEGAL ANALYSIS:

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