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AMICUS US
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EXTRACTED KEY WORDS
KENTUCKY OPINION ATTORNEY SUPREME COURT CLOSING KENTUCKY BAR UNITED STATES CONSUMERS LAY COUNSEL REAL ESTATE LOANS LAWYER LAY SETTLEMENT UNAUTHORIZED PRACTICE COMPETITION KENTUCKY LAND MOVANTS KENTUCKY LAND PROTECTION KBA U-31 REAL ESTATE TRANSACTION LEGAL QUESTIONS REPRESENTING CLOSING COSTS JERSEY SUPREME COURT KLTA LEGAL ADVICE AMICUS CURIAE AUTHORITIES |
No. 2000-SC-000207-KB
IN THE SUPREME COURT OF KENTUCKY
KENTUCKY LAND TITLE ASSOCIATION, ET AL.,
Movants,
v.
KENTUCKY BAR ASSOCIATION,
Defendant.
ON MOTIONS TO REVIEW THE
KENTUCKY BAR ASSOCIATION'S ADVISORY OPINION KBA U-58
BRIEF AMICUS CURIAE OF THE UNITED STATES OF AMERICA
IN SUPPORT OF MOVANTS KENTUCKY LAND TITLE ASS'N ET AL.
JOEL I. KLEIN
Assistant Attorney General
MATTHEW R. HALL A. DOUGLAS MELAMED
Attorney Deputy Assistant Attorney General
Kentucky Bar No. 86884
U.S. Department of Justice ROBERT B. NICHOLSON
Civil Division JOHN P. FONTE
Box 878 Ben Franklin Station JESSICA N. BUTLER-ARKOW
Washington, D.C. 20044 Attorneys
(202) 353-7743 U.S. Department of Justice
601 D Street, N.W.
Washington, D.C. 20530
(202) 514-2435
I hereby certify that a true copy of this brief was served by Federal Express on this 9th day
March 2000, upon: Gregory P. Parsons, attorney for movant Kentucky Land Title Association,
Richard A. Vance, attorney for movant Countrywide Home Loans, Inc., Debra Stamper, General
Counsel for movant Kentucky Bankers Association, and Bruce K. Davis, Executive Director for
defendant Kentucky Bar Association.
COUNSEL FOR UNITED STATES OF AMERICA
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2
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LETTER TO BOARD OF GOVERNORS
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EXTRACTED KEY WORDS
CONSUMERS LAY SETTLEMENT OPINION LAY SETTLEMENT SERVICES COMPETITION KBA U-58 REAL ESTATE KENTUCKY LAW UNITED STATES JUSTICE DEPARTMENT UNAUTHORIZED PRACTICE BAR ASSOCIATION LAWYER HARM PROHIBITING SUPREME COURT REPRESENTING CLOSING COSTS REAL ESTATE TRANSACTIONS JERSEY SUPREME COURT PROTECT CONSUMERS ELIMINATING LAY LAY SETTLEMENT AGENT CONSUMER PROTECTION LEGAL QUESTIONS NON-ATTORNEYS ADOPTING KBA U-58 PAY HIGHER PRICES |
Main Justice Building
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530-0001
(202) 514-2401 / (202) 616-2645 (f)
antitrust@justice.usdoj.gov (internet)
http://www.usdoj.gov (World Wide Web)
June 10, 1999
Board of Governors
Kentucky Bar Association
514 West Main Street
Frankfort, Kentucky 40601
Re: Kentucky Bar Association Opinion KBA U-58
Prohibiting Real Estate Closings By Non-Attorneys
Dear Members of the Board:
The United States Department of Justice submits these comments to assist the Board of
Governors in reviewing Kentucky Bar Association ("KBA") Opinion KBA U-58, which would declare
real estate closings by non-attorneys to be the unauthorized practice of law. We understand that
Board of Governors will consider KBA U-58 at its June 15, 1999 meeting. These comments
supplement those the Department submitted in 1997 when the Board considered a similar opinion. At
that time, the Board declined to adopt the opinion.
Although the Justice Department does not generally comment on proposed unauthorized
practice of law rule-makings, we submit these comments to prevent harm to competition and
consumers. Adopting KBA U-58 would deprive Kentucky consumers of the choice to use a lay
settlement service, a choice the KBA supported in 1981 and that has since served Kentucky
consumers well. Eliminating competition from lay services is likely to hurt Kentuckians by raising
closing costs and limiting their choices. KBA U-58 has not been shown to be necessary to protect
consumers. Therefore, we urge you to reject the Opinion.
Page 2
The Interest and Experience of the Department of Justice
The United States Department of Justice is entrusted with enforcing this nation's
For more than 100 years, since the passage of the Sherman Antitrust Act, the Department has worked
to promote free and unfettered competition in all sectors of the American economy.
Restraining competition can force consumers to pay increased prices or accept goods and services of
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3
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LETTER TO BOARD OF GOVERNORS
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EXTRACTED KEY WORDS
CONSUMERS PROPOSED OPINION LAY SETTLEMENT LAWYER LAY SETTLEMENT SERVICES COMPETITION REAL ESTATE LAW KENTUCKY LOANS UNITED STATES UNAUTHORIZED PRACTICE BAR ASSOCIATION JUSTICE DEPARTMENT CLOSING COSTS KBA PROTECT CONSUMERS PROHIBITING SUPREME COURT CONDUCTING CLOSINGS REAL ESTATE PURCHASES JERSEY SUPREME COURT REAL ESTATE TRANSACTIONS REPRESENTATIVES CONSUMER PROTECTION NON-ATTORNEYS DECLARE REAL ESTATE ENDING COMPETITION HURT KENTUCKIANS |
U.S. DEPARTMENT OF JUSTICE
Washington, DC 20530
September 10, 1997
Board of Governors
Kentucky Bar Association
514 West Main Street
Frankfort, Kentucky 40601
Re: Proposed Kentucky Bar Association Opinion
Prohibiting Real Estate Closings By Non-Attorneys
Dear Members of the Board:
The United States Department of Justice is concerned about a proposed Kentucky Bar
("KBA") Opinion that would declare real estate closings by non-attorneys to be the unauthorized
of law. The proposed Opinion would generally ban anyone except lawyers from conducting closings for
both real estate purchases and loans secured by real estate. The proposed Opinion will deprive
consumers of the choice to use a lay settlement service, a choice the KBA affirmed in 1981. Ending
competition from these services is likely to hurt Kentuckians by raising their closing costs and
justified as necessary to protect consumers. We understand that the Board of Governors will
Opinion at its September 12, 1997 meeting, and we offer these comments. The Justice Department does
not generally comment on proposed unauthorized practice of law rule-makings, but submits these
to prevent harm to competition and consumers.
The Interest and Experience of the Department of Justice
The United States Department of Justice is entrusted with enforcing this nation's antitrust
more than 100 years, since the passage of the Sherman Antitrust Act, the Department has worked to
promote free and unfettered competition in all sectors of the American economy. Restraining
can force consumers to pay increased prices or accept goods and services of poorer quality.
Consequently, anticompetitive restraints are of significant concern, whether they are imposed by a
"smokestack" industry or by a profession. Restraining competition in any market has the potential
consumers. For this reason, the Justice Department's civil and criminal enforcement programs are
at eliminating such restraints. As part of those efforts, the Justice Department encourages
through advocacy letters such as this one.1
The Proposed KBA Opinion
On August 27, the KBA's Unauthorized Practice of Law ("UPL") Committee forwarded the
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4
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LETTER TO VIRGINIA SUPREME COURT
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EXTRACTED KEY WORDS
CONSUMERS VIRGINIA CLOSING LAWYERS PROPOSED OPINION REAL ESTATE UNITED STATES LAY SETTLEMENT SERVICES COMPETITION SUPREME COURT UPL OPINION STATE BAR LAW HARM FEDERAL TRADE COMMISSION UNAUTHORIZED PRACTICE JUSTICE DEPARTMENT JERSEY SUPREME COURT CONDUCTING CLOSINGS PROFESSIONAL ENGINEERS UPL RULE AMERICAN MEDICAL ASSOCIATION COUNTY BAR ASSOCIATION PROHIBITING LAY PROTECTION RESTRAINTS REGULATION REPRESENTATION LAY SETTLEMENT FIRMS |
UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION
Washington, DC 20580
January 3, 1997
David B. Beach, Clerk of Court
Supreme Court of Virginia
100 N. 9th Street, Fourth Floor
Richmond, Virginia 23219
Re: Proposed UPL Opinion #183
Dear Mr. Beach:
The United States Department of Justice and the Bureau of Competition of the Federal
Trade Commission submit these comments in opposition to proposed Virginia State Bar UPL
1
Opinion Number 183. The Justice Department and the Federal Trade Commission do not
generally comment on proposed unauthorized practice of law rule-makings, but offer these
comments to prevent harm to competition and consumers. The proposed Opinion would
generally prevent anyone other than lawyers from conducting closings for real estate purchases
and sales or for loans secured by real estate. Adoption of the proposed Opinion will deprive
Virginia consumers of the choice to use a lay settlement service, a choice they have had, and
have increasingly exercised, for 15 years. Ending competition from lay settlement services will
very likely increase real estate closing costs for consumers and has not been justified by a
showing of increased consumer protection.
The Interest And Experience Of The Department
of Justice And The Federal Trade Commission
The United States Department of Justice and the Federal Trade Commission are entrusted
with enforcing this nation's antitrust laws.
1 This letter presents the views of the staff of the Bureau of Competition of the
are not necessarily the views of the Commission or of any individual Commissioner.
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