Some Vermont attorneys are pushing something they call the "unauthorized practice of law" doctrine, which would, as I understand it, dis-allow witness-only closings, among other things, if it became law. The discussion includes the concept of protecting borrowers from themselves by requiring that attorneys be involved in all real-estate transactions, so that they can actively advise borrowers. That's what I was thinking about when I was rambling on earlier.
There seems to be a lot of discussion at present about regulation: regulation of paralegals, and regulation of what constitutes practice of law, to name two. The Vermont attorneys are also discussing a certification program for attorneys who specialize, for example in real estate law. The independent abstractors and notaries in this state (probably less than three dozen all told) could be in for a surprise if their livelihoods all of a sudden become attorney-only work.
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