In South Carolina, the supreme court has handed down an opinion that abstracting and researching courthouse records is practicing law and must be done under the direct guidance of an attorney. As a result, at least on a local level, attorneys are hiring in house staff to provide abstract services. Also, many of the mortgage companies that once ordered title reports no longer order from us. (I mean it stopped pretty much overnight!) That puts independent abstract companies at such a disadvantage. Several years ago I had consistent business from at least five local attorneys, now they either have their own staff, no longer do real estate because of the liability (direct supervision) issue, or are retired. The local bar does not tolerate ANY type of legal service assistance to anyone unless done by an attorney. (There was a woman here who typed up uncontested divorce papers and name change papers for people to file on their own and she got put in jail.) Anyway, with the way this field is changing, I'm guessing we will need to find ways to provide research services for multiple applications, not just for legal purposes. I understand that Georgia has recently adopted the same opinion. It is also my understanding that North Carolina is similar. If you visit www.kdhlaw.com, you will find a vendor engagement agreement that cites both North Carolina Law and South Carolina Law.
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