Slade, thanks for linking to the proposed rule. It seems to me the West Virginia Bar Association tried this back in 2003 (the version you have is revised as of March 2010). The Federal Trade Commission filed a brief in a 2004 civil suit in which the plaintiff was seeking damages against a title services company for unauthorized practice of law. The 'Brief Amici Curiae' (amicus brief?) of the FTC opposes the 2003 WV Bar Association opinion as not being in the best interest of consumers.
Maybe the 2010 version, which also appears to be less than consumer-friendly in the same ways stated in the FTC brief, hopes to find a more sympathetic ear from the WV Supreme Court of Appeals amid the enormity of the default problem of recent years.
This is an interesting topic. At this point, it still looks to me to be little more than an attempt to take over the title business in that state.
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