Preview:

IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE

FILED
December 10, 1999 Cecil Crowson, Jr. Appellate Court Clerk

FIFTEENTH JUDICIAL DISTRICT UNIFIED BAR ASSOCIATION, Plaintiff/Appellee, VS. ANGIE GLASGOW, Defendant/Appellant. )

) ) ) ) ) ) ) ) ) ) ) Wilson Chancery No. 96302 Appeal No. M1996-00020-COA-R3-CV

APPEAL FROM THE CHANCERY COURT FOR WILSON COUNTY AT LEBANON, TENNESSEE THE HONORABLE C.K. SMITH, CHANCELLOR

For the Plaintiff/Appellee: Robert Evans Lee Lee & Lee Lebanon, Tennessee Ruston L. Hill Nashville, Tennessee

For the Defendant/Appellant: Henry Clay Barry Lebanon, Tennessee

Page 1

AFFIRMED AND REMANDED

WILLIAM C. KOCH, JR., JUDGE

Page 2

OPINION
This appeal involves a local bar association's efforts to prevent the owner of a typing service from practicing law without a license. The bar association filed suit in the Chancery Court for Wilson County seeking to enjoin the owner from preparing divorce papers and related documents for her clients. The trial court, sitting without a jury, permanently enjoined the owner from engaging in the unauthorized practice of law. The owner asserts on this appeal that the bar association lacked standing to seek an injunction against her and that the statutory prohibition against the unauthorized practice of law is unconstitutional. We have determined (1) that the bar association has standing to seek injunctive relief, (2) that the trial court correctly determined that the owner was engaging in the unauthorized practice of law, and (3) that the owner has not carried her burden with regard to her constitutional challenges to the statute of outlawing the unauthorized practice of law. Accordingly, we affirm the trial court. I.

Angie Glasgow operates a business in Wilson County called Divorce Typing Service. Her clientele consists mostly of low-income persons who seek an uncontested 1irreconcilable differences divorce and who have decided to represent themselves. The services she provides, for a fee ranging from $99 to $148, 2 consist of (1) preparing the complaint, the marital dissolution agreement, the final divorce decree, and other related documents, (2) suggesting where the papers should be filed, and (3) suggesting "approximately" when the papers should be filed. As a general matter, Ms. Glasgow leaves it up to her clients to file the papers she prepares. However, she concedes that she has, on occasion, filed divorce complaints for her clients. Ms. Glasgow obtains the information needed to prepare the divorce papers by requiring her clients to complete a questionnaire. This questionnaire elicits personal

Page 3

information about the parties, information about their agreements concerning the custody and support of the children, and information concerning the division of the parties' real and personal property. If the divorce will affect the title to jointly held real property, the questionnaire permits the parties to request Ms. Glasgow to prepare the necessary quitclaim deeds. The questionnaire also contains space for her clients to list "special clauses" they desire to be included in the "divorce agreement." In addition to requiring her clients to sign the questionnaire, Ms. Glasgow requires them to attest that they have received "no legal advice" from her and that they understand that "there will be no refunds." In addition to drafting the documents, Ms. Glasgow contacts various judicial officers in connection with her business. She testified that she discusses with the clerk and master's office in which court the divorce should be filed when one or both parties do not live in Wilson County. She also testified that she has discussed with the clerk and master's office when her clients should file the proposed final decree. Based on these conversations, she suggests to her clients where the divorce complaint should be filed and when the final decree should be filed. 3 The Fifteenth Judicial District Unified Bar Association filed suit in the Chancery Court for Wilson County seeking to enjoin Ms. Glasgow from engaging in the unauthorized practice of law in violation of Tenn. Code Ann.

Download fifteenjd.pdf

Tennessee Law