Arkansas Bar Ass'n v. Block, No. 5-1696

CourtSupreme Court of Arkansas
Writing for the CourtHOLT
Citation323 S.W.2d 912,230 Ark. 430
Decision Date27 April 1959
Docket NumberNo. 5-1696
PartiesARKANSAS BAR ASSOCIATION et al., Appellants, v. Sam BLOCK et al., Appellees.

Page 912

323 S.W.2d 912
230 Ark. 430
ARKANSAS BAR ASSOCIATION et al., Appellants,
v.
Sam BLOCK et al., Appellees.
No. 5-1696.
Supreme Court of Arkansas.
April 27, 1959.
Rehearing Denied June 1, 1959.

Gentry & Gentry, Little Rock, for appellants.

Warren & Bullion, Little Rock, for appellees.

HOLT, Justice.

This case involves the alleged unlawful practice of law by appellees, and others similarly situated, and comes to this court on the following agreed statement of facts:

'It is stipulated by and between the plaintiffs and the defendants in the above styled cause of action that the following facts shall be considered by the Court in determining the issues involved in this cause.

Page 913

[230 Ark. 431] 'I

'The Bar Association of Arkansas is a voluntary, unincorporated association composed of lawyers comprising most of the practicing lawyers of the State of Arkansas. The plaintiffs have filed this action as officers of the Bar Association of Arkansas and individually as licensed attorneys of Arkansas. This is a class action on behalf of all the members of the Bar of the State of Arkansas.

'II

'This action was brought against the defendants as members of a class of real estate brokers and salesmen licensed under the laws of the State of Arkansas, and is intended to apply equally to all members of said class and is not an individual action directed solely toward the defendants.

'III

'The Arkansas Real Estate Association is a voluntary unincorporated association composed of persons engaged in the real estate business in the State of Arkansas and has intervened in this action as representatives of the class which it represents. The Pulaski County Bar Association is a voluntary unincorporated association composed of practicing lawyers in Pulaski County, Arkansas, and has intervened in this action as a class intervention in behalf of the class which it represents.

'IV

'The Statutes of the State of Arkansas do not define the term 'practice of law'; however, they do provide that no person may practice law in the State of Arkansas without first having obtained a license to do so [Ark.Stats. § 25-106].

'V

'The Statutes of the State of Arkansas provide that no person may engage in the real estate business in the State of Arkansas without having first obtained a license to do so under the Real Estate License Law [Ark.Stats. § 71-1301 et seq.].

[230 Ark. 432] 'VI

'The practice of completing printed forms of instruments incidental to the completion of real estate transactions in which a real estate broker has an interest as broker has been widespread and prevalent in the State of Arkansas for a number of years and is in practice now and the said real estate brokers intend to continue said practice in the future.

'VII

'The real estate brokers, in transactions in which they act as broker, use standardized and approved prepared forms of instruments hereinafter listed, and complete them by filling in the blank spaces to show the real estate transaction.

'The said instruments are:

1. Warranty Deeds;

2. Disclaimer Deeds;

3. Quitclaim Deeds;

4. Joint Tenancy Deeds;

5. Options;

6. Easements;

7. Loan Applications;

8. Promissory Notes;

9. Real Estate Mortgages;

10. Deeds of Trust;

11. Assignments of leases or rentals;

12. Contracts of Sale of Real Estate;

13. Releases and Satisfactions of Real Estate Mortgages;

14. Offers and Acceptances;

15. Agreements for the sale of real estate;

16. Bills of Sale;

[230 Ark. 433] 17. Contracts of Sale;

18. Mortgages;

19. Pledges of personal property;

20. Notices and Declarations of Forfeiture;

21. Notices requiring strict compliance;

22. Releases and discharges of mechanic's and materialmen's liens;

Page 914

23. Printed forms approved by attorneys, including the various forms furnished by title insurance companies to defendants for use by defendants as agents of title insurance companies; and

24. Acting as closing agent for mortgage loans and completing by filling in the blanks therein with factual data such instruments as are furnished to them and are necessary and incidental and ancillary to the closing of the transaction between the mortgagee for whom they act as agent and the mortgagor.

25. Leases.

'VIII

'The real estate broker receives a commission for his participation in the real estate transaction as real estate broker, but no separate charge is made by the real estate broker for the completion of the blank forms of instruments which he prepares in the closing of a real estate transaction in which he is participating as broker.

'IX

'The forms used by the defendants have been previously approved by attorneys and have been previously prepared, save for the blank spaces remaining thereon, which the defendants complete as above set out. The selection of the type of instrument form to be used in the closing of the transaction is made by the broker from information elicited from the other parties to the transaction and in accordance with their desires.

[230 Ark. 434] 'In selecting the type of form to be used in any transaction, the real estate broker consults with the other parties to the transaction and...

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23 practice notes
  • Campbell v. Asbury Auto., Inc., No. 10–575.
    • United States
    • Supreme Court of Arkansas
    • May 19, 2011
    ...advice in general, constitute practicing law.” 4[2011 Ark. 26]Union Nat'l Bank at 54, 273 S.W.2d at 412. In Arkansas Bar Ass'n v. Block, 230 Ark. 430, 323 S.W.2d 912 (1959), overruled in part by Creekmore v. Izard, 236 Ark. 558, 367 S.W.2d 419 (1963), we held that the completion “by filling......
  • Dressel v. Ameribank, Docket No. 119959, Calendar No. 1.
    • United States
    • Supreme Court of Michigan
    • June 24, 2003
    ...The view that the "practice of law" does not admit of exact definition is shared by many other jurisdictions. Arkansas Bar Ass'n v. Block, 230 Ark. 430, 323 S.W.2d 912 (1959); State of Florida v. Sperry, 140 So.2d 587 (Fla., 1962); Fought & Co., Inc. v. Steel Engineering and Erection, Inc.,......
  • New Jersey State Bar Ass'n v. Northern New Jersey Mortg. Associates, Nos. A--98
    • United States
    • United States State Supreme Court (New Jersey)
    • May 23, 1960
    ...by laymen, the courts throughout the country have frequently differed in emphasis and result. Compare Arkansas Bar Association v. Block, 323 S.W.2d 912 (Ark.Sup.Ct.1959), certiorari denied 361 U.S. 836, 80 S.Ct. 87, 4 L.Ed.2d 76 (1959) with Conway-Bogue Realty Inv. Co. v. Denver Bar Ass'n, ......
  • CAMPBELL v. ASBURY Auto. INC., No. 10-575
    • United States
    • Supreme Court of Arkansas
    • April 14, 2011
    ...thePage 26giving of legal advice in general, constitute practicing law."4 Id. at 54, 273 S.W.2d at 412. In Arkansas Bar Ass'n v. Block, 230 Ark. 430, 323 S.W.2d 912 (1959), overruled in part by Creekmore v. Izard, 236 Ark. 558, 367 S.W.2d 419 (1963), we held that the completion "by filling ......
  • Request a trial to view additional results
23 cases
  • Campbell v. Asbury Auto., Inc., No. 10–575.
    • United States
    • Supreme Court of Arkansas
    • May 19, 2011
    ...advice in general, constitute practicing law.” 4[2011 Ark. 26]Union Nat'l Bank at 54, 273 S.W.2d at 412. In Arkansas Bar Ass'n v. Block, 230 Ark. 430, 323 S.W.2d 912 (1959), overruled in part by Creekmore v. Izard, 236 Ark. 558, 367 S.W.2d 419 (1963), we held that the completion “by filling......
  • Dressel v. Ameribank, Docket No. 119959, Calendar No. 1.
    • United States
    • Supreme Court of Michigan
    • June 24, 2003
    ...The view that the "practice of law" does not admit of exact definition is shared by many other jurisdictions. Arkansas Bar Ass'n v. Block, 230 Ark. 430, 323 S.W.2d 912 (1959); State of Florida v. Sperry, 140 So.2d 587 (Fla., 1962); Fought & Co., Inc. v. Steel Engineering and Erection, Inc.,......
  • New Jersey State Bar Ass'n v. Northern New Jersey Mortg. Associates, Nos. A--98
    • United States
    • United States State Supreme Court (New Jersey)
    • May 23, 1960
    ...by laymen, the courts throughout the country have frequently differed in emphasis and result. Compare Arkansas Bar Association v. Block, 323 S.W.2d 912 (Ark.Sup.Ct.1959), certiorari denied 361 U.S. 836, 80 S.Ct. 87, 4 L.Ed.2d 76 (1959) with Conway-Bogue Realty Inv. Co. v. Denver Bar Ass'n, ......
  • CAMPBELL v. ASBURY Auto. INC., No. 10-575
    • United States
    • Supreme Court of Arkansas
    • April 14, 2011
    ...thePage 26giving of legal advice in general, constitute practicing law."4 Id. at 54, 273 S.W.2d at 412. In Arkansas Bar Ass'n v. Block, 230 Ark. 430, 323 S.W.2d 912 (1959), overruled in part by Creekmore v. Izard, 236 Ark. 558, 367 S.W.2d 419 (1963), we held that the completion "by filling ......
  • Request a trial to view additional results

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