The Florida Bar v. Town, 33563

• Decision Date: 21 April 1965
• Docket Number: No. 33563,33563
• Citation: 174 So.2d 395
• Parties: THE FLORIDA BAR, Petitioner, v. Albert P. TOWN, Respondent.
• Court: Florida Supreme Court

Page 395

174 So.2d 395

THE FLORIDA BAR, Petitioner, v. Albert P. TOWN, Respondent.

No. 33563.

Supreme Court of Florida.

April 21, 1965.

Edward I. Cutler, Tampa, for The Florida Bar, petitioner.

James T. Russell, St. Petersburg, for respondent.

O'CONNELL, Justice.

On petition of The Florida Bar this Court issued its rule directing that the respondent Albert P. Town, who is not a member of The Florida Bar, show cause why he should not be held in contempt of the Integration Rule of The Florida Bar heretofore adopted by this Court.

In its petition The Florida Bar charged that the Respondent in newspaper advertisements held himself out to be a specialist in the incorporation of businesses and offering to handle all details in the formation thereof; that respondent had been previously informed by the Office of the Secretary of State that the formation of a corporation for another for a fee by a person not a lawyer, could be considered a violation of Section 454.23, F.S.A.; nevertheless, respondent did advise and represent one Richard Price and cause a Florida corporation to be formed for him, preparing the corporate charter and related documents. The petition also set forth various alleged errors or inadequacies in the corporate charter which were to the detriment of Mr. Price.

The respondent has filed an answer in which he denied that he had held himself out as a corporation specialist since October, 1963, but admitted that during the months of October, November and December, 1963, he did act as such a specialist on several different occasions. He states that upon learning that his actions might be construed to be the unauthorized practice of law he ceased them and has done nothing further which could be deemed to to be practice of law. He says that he is an accountant and any work recently done for corporations has been accounting. He does not allege that his services as a corporation specialist were performed for and under the direction of a member of The Florida Bar.

Respondent points out that this Court has never decided whether the preparation of a corporate charter, and related documents, does or does not constitute the practice of law. He asks us to do so now.

In State ex rel. Florida Bar v. Sperry, Fla.1962, 140 So.2d 587, 591, in an effort to formulate a general definition of conduct which constitutes the practice of law, this Court said:

'It is generally understood that the performance of services in representing another before the courts is the practice of law. But the practice of law also includes the giving of legal advice and counsel to others as to their rights and obligations under the law and the preparation of legal instruments, including contracts, by which legal rights are either obtained, secured or given away, although such matters may not then or ever be the subject of proceedings in a court.

'We think that in determining whether the giving of advice and counsel and the performance of services in legal matters for compensation constitute the practice of law it is safe to follow the rule that if the giving of such advice and performance of such services affect important rights of a person under the law, and if the reasonable protection of the rights and property of those advised and served requires that the persons giving such advice possess legal skill and a knowledge of the law greater than that possessed by the average citizen, then the giving of such advice and the performance of such services by one for another as a course of conduct constitutes the practice of law.' (Emphasis supplied.)

That a...