unauthorized practice of law

Civil Practice: Signature Requirements – Unauthorized Practice Of Law – Negligence

Naylor Senior Citizens Housing, LP v. Sides Construction Company, Inc. (MLW No. 64906/Case No. SD32098 – 10 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.)

Real Estate: Mortgage Broker – Unauthorized Practice of Law – Unjust Enrichment

Hargis v. JLB Corporation d/b/a Golden Oak Lending (MLW No. 63109/Case No. SC91639 – 23 pages) (Missouri Supreme Court, Stith, J., for majority) (Teitelman, J., concurring in part, dissenting in part)

Consumer cases take center stage

Key appellate decisions in the last half of 2009 knocked the venerable voluntary-payment doctrine down a notch and diverted to arbitration a chunk of the rising number of cases involving […]

Class action waivers draw courts’ scorn

Both the Western and Eastern District Missouri Court of Appeals have found that class waivers in arbitration agreements to be unconscionable, but it is unclear in what venue these cases […]

The $100 crime

Solos push for harsher penalties for the unauthorized practice of law

Under state law, the unauthorized practice of law is punishable as a misdemeanor with a fine of no more than $100, giving the Missouri Attorney General's Office and local prosecutors scant incentive to pursue cases. The unauthorized practice of law should be placed under the state's Merchandising Practices Act, said s[...]

Arbitration: Unauthorized Practice Claim – Class Action Provision – Car Purchase Agreement

Ruhl v. Lee’s Summit Honda (MLW No. 59813/Case No. WD70189 – 11 pages) (Missouri Court of Appeals, Western District, Newton, C.J.) Where a new car buyer brought an action claiming […]

Arbitration OK on unauthorized practice of law, appeals court decides

A woman trying to sue a car dealership for the unauthorized practice of law will have to take her case to an arbitrator. But she can bring a lot of […]

Arbitrator can decide unauthorized practice of law cases

An appeals court gave a mixed victory to a woman trying to sue a Honda dealership for unauthorized practice of law. In an opinion issued this morning, the Missouri Court […]

Federal thrifts not liable for prep fees

Federal thrifts may collect document-preparation fees without violating Missouri law prohibiting the unauthorized practice of law, according to the 8th U.S. Circuit Court of Appeals. Last week’s decision doesn’t apply […]