State of Indiana ex rel. Indiana State Bar Association v. Northouse and Ramer

Summary

The Indiana Supreme Court held that Gary L. Northouse and Michael E. Ramer engaged in the unauthorized practice of law by advising clients about and preparing wills, trusts, and powers of attorney. The Court rejected mootness arguments, issued an injunction prohibiting further unauthorized legal practice, ordered refunds of fees collected for the relevant services, and assessed hearing costs against the respondents.

Holdings

1. Drafting and preparing wills, living trusts, powers of attorney, and related testamentary documents, as well as advising clients about their legal effect or appropriateness, constitute the practice of law. Northouse and Ramer, neither of whom was licensed, engaged in the unauthorized practice of law.
2. The proceeding was not moot merely because the respondents had ceased the challenged conduct and represented that they did not intend to resume it.
3. An injunction was appropriate and necessary to prohibit Northouse and Ramer from engaging in future unauthorized practice of law.
4. The court could require the respondents to refund fees collected for the unauthorized legal services, provide purchasers with a copy of the opinion, and file verified compliance statements.

Questions Presented

1. Whether Northouse and Ramer engaged in the unauthorized practice of law by advising clients about wills, living trusts, and powers of attorney and by preparing those documents for execution.
2. Whether the proceeding was moot because the respondents had ceased the challenged conduct and represented that they would not resume it.
3. Whether an injunction was appropriate despite the respondents' representations that they would not engage in future unauthorized practice.
4. Whether relief under Indiana Admission and Discipline Rule 24 could include refunds of fees collected and affirmative requirements to provide purchasers with a copy of the opinion.

Disposition

other