Deborah,

Nice post! Don't we all practice law every day by abiding by the law? Thanks,   Fran

Nice post, but I like the idea of managing liability by passing on what I'm not proficient in to an expert.  Our expertise is marking and sales. 

Deb, I practiced law for 10 years before becoming a full time Realtor. I can tell you that practicing law isn't just about filling in blanks on a contract. As an attorney, I had to get not only a bachelor's degree, but also get my law degree.  I had to sit for a 3 day licensing exam where only about 40% passed.  As an attorney, I had to understand legal ramifications of decisions that my clients would makes, which could have serious consequences either way.  When interpreting the law and providing advice, an attorney can't just look in a book for an answer.  They need to be aware of Federal, State, and local laws. They need to understand which regs are out there that affect the client.  Then there's case law interpreting what looks like straightforward law.  A lawyer doesn't just read the synopsis of the case. They have to read many cases to understand the current state of the law and where it could be going. 

Although I practiced law up until 3 years ago, I would never ever think about giving legal advice to my clients, even though I'm still licensed and could do so.  I am not up-to-date on the law (from a lawyer's needs, although I stay up-to-date as a Realtor), and not being fully up-to-date, by reading current case law, I would only jeopardize my clients. I'm still shocked how few agents don't understand how changing something in the contract, but not changing other parts could present a problem down the road.

Fran: Good point!

Wayne: Absolutely!

Deborah: I was not saying that Realtors practice law, per se, but that we counsel, negotiate, fill out contracts and disclosures . . . all aspects of law. The other point I was trying to make was about the edict against practicing law without a license, which absolutely protects consumers, but also protects attorneys. Some people are fully capable of filing and completing their own divorce procedures, for instance. See the Nolo example . . . attorneys did not like that and tried (unsuccessfully) to stop it.