Preparation of Trustee’s Deeds

 In a recent decision the Chief Disciplinary Counsel of the Supreme Court of the State of Missouri has opined that the preparation of a Trustee’s Deed by an employee of a title company (including an attorney employee) constitutes the unauthorized practice of law. Therefore, any Lawyer Title agent employee asked to prepare this type of a deed should decline to do so. This continued practice could result in criminal penalties being assessed.

   The Disciplinary Counsel believes the preparation of Trustee’s Deeds is not “ancillary to an essential part” of the title insurance transaction and that Trustee’s Deeds are non-standard documents requiring a lawyer’s preparation.