This is how Mark Rosenthal Sells Ins.

[rousemark]

My doctor office help me file out my 1st one. YOu can just hand it to them. The instructions and state law is on each one of the ones I use. Everyone needs to have one.

You are not trying to be a lawyer. We dont make these living wills. These living will are approved in each state and follows each states guidelines.

If all the agent does is tell them the Terry Schiavo story or some similiar account; then tells them everyone should have a living will (or advanced directive) so the family will know their desires and then gives them a sample form without filing it out for them or telling them how to fill it out, I don't see how that could be considered practicing law. That would be no different than telling someone that has a toothache that they should see a dentist and then opening the yellow pages to the dental section and handing it to them. You certainly could not be accused of practicing medicine without a license in that case.

 

[briko3]

If all the agent does is tell them the Terry Schiavo story or some similiar account; then tells them everyone should have a living will (or advanced directive) so the family will know their desires and then gives them a sample form without filing it out for them or telling them how to fill it out, I don't see how that could be considered practicing law. That would be no different than telling someone that has a toothache that they should see a dentist and then opening the yellow pages to the dental section and handing it to them. You certainly could not be accused of practicing medicine without a license in that case.

It's state approved and all you're doing is filling blanks and checking off stuff. Not a big deal.

 

[Todd King]

If you want references, see the following:

State Bar of Georgia - Advance Directive for Health Care (won't let me link, but google it)

Georgia law defines the “practice of law” and prohibits non-lawyers from engaging in it. Georgia statutes (O.C.G.A. § 15-19-50) define the practice of law as:

1. Representing litigants in court and preparing pleadings and other papers incident to any action or special proceedings in any court or other judicial body;
2. Conveyancing;
3. The preparation of legal instruments of all kinds whereby a legal right is secured;
4. The rendering of opinions as to the validity or invalidity of titles to real or personal property;
5. The giving of any legal advice; and
6. Any action taken for others in any matter connected with the law.

Most, if not all, states have similar statutory provisions barring non-attorneys from rendering legal advice.

RT

Isn't the advice you're giving Mark about this the same? Just thought I would point that out because it's pretty funny!

 

[Cornelius]

The thing is if a person fills out the form and if there's a legal issue such as someone contest it then it can get ugly. Then of course as I mentioned before most people will have a question about something on the form and if the agent makes any comment that might be considered practicing law because it is a legal form which may be presented in court..

 

[Mattschmidt]

Why take a chance on something like this??? Staying away from services such as these.

 

[Shalom]

LOL you guys are too much. The form is premade and legal. ALL you are doing is filling in the blanks. You are NOT giving advice or telling them what to put.

Then again if you are dumb enough to think that filling in a blank for someone is legal advice then you should not be doing so.

 

[rbrucethomson]

Isn't the advice you're giving Mark about this the same? Just thought I would point that out because it's pretty funny!

Ok. Fair enough. The opinions expressed herein are merely the lay opinions of the author and should not under any circumstances be construed as legal advice. If you need legal advice you should seek such from a duly licensed and heavily insured attorney.

Happy?
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FWIW I did pass the MPRE (which deals directly with the UPL issue) and will sit for the rest of the bar in July, after graduation. Don't take my word, though. Ask a lawyer in your state.

 

[Franz Kafka]

Don't take my word, though. Ask a lawyer in your state.

The thing about lawyers and CPAs is that if you ask 10 of em, you usually get about 10 different answers. Just an impression I got from working with them. It appears that they're guessing and their guess isn't too much better than mine.

 

[rbrucethomson]

If all the agent does is tell them the Terry Schiavo story or some similiar account; then tells them everyone should have a living will (or advanced directive) so the family will know their desires and then gives them a sample form without filing it out for them or telling them how to fill it out, I don't see how that could be considered practicing law. That would be no different than telling someone that has a toothache that they should see a dentist and then opening the yellow pages to the dental section and handing it to them. You certainly could not be accused of practicing medicine without a license in that case.

It's really more akin to handing them a scalpel.

 

[rousemark]

It's really more akin to handing them a scalpel.

That is fine.. I can sell or give away scalpels all day long.. You can walk into any medical supply store and buy one and they aren't licensed to practice medicine nor do you have to be licensed to buy it. Have another analogy?