Selling Will Forms by a Layman Through Newspaper Advertising
MetadataShow full item record
Summarizes the Texas Court of Appeals for the Fourteenth District’s decision in Palmer v. Unauthorized Practice Committee of the State Bar of Texas. This case affirmed the lower court’s granting of an injunction against Palmer for the unauthorized practice of law. Palmer, who was not an attorney, had advertised and sold form wills in Texas. The court held that Palmer’s fundamental constitutional freedoms were subordinated by the compelling interests of the state in protecting the welfare of its citizens. The author concludes by posing the following two questions: would Palmer’s argument that these forms were owed protection based upon freedom of expression have been bolstered by his inclusion of more substantial comment on probate law, and is the motivation of the State Bar really to protect the public from laymen or is it to protect themselves from competition?