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Matter of New York County Lawyers' Assn. v. Dacey

Court of Appeals of the State of New York
Dec 29, 1967
21 N.Y.2d 694 (N.Y. 1967)
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Summary

adopting in full the lower court's dissenting opinion that the author of the book How to Avoid Probate! did not engage in the unauthorized practice of law

Summary of this case from Mahoning Cnty. Bar Assn. v. Amatore
See 5 Summaries

Opinion

Argued December 6, 1967

Decided December 29, 1967

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, CHARLES MARKS, J.

Arthur Stephen Penn for Norman F. Dacey, individually and doing business as the National Estate Planning Council, appellant.

James F. Dwyer, Jean C. Lucas and Robert M. Callagy for Crown Publishers, Inc., and others, appellants.

Daniel M. Shientag for respondent.

Order reversed and petition dismissed, with costs, on the dissenting opinion at the Appellate Division.

Concur: Chief Judge FULD and Judges VAN VOORHIS, BURKE, BERGAN, KEATING and BREITEL. Judge SCILEPPI dissents and votes to affirm on the prevailing opinion at the Appellate Division.

Summaries of

Matter of New York County Lawyers' Assn. v. Dacey

Court of Appeals of the State of New York
Dec 29, 1967
21 N.Y.2d 694 (N.Y. 1967)

adopting in full the lower court's dissenting opinion that the author of the book How to Avoid Probate! did not engage in the unauthorized practice of law

Summary of this case from Mahoning Cnty. Bar Assn. v. Amatore

In New York Lawyers' Assn. v. Dacey, 21 N.Y.2d 694, 234 N.E.2d 459, 287 N.Y.S.2d 422 (1967), the court found sale of Norman F. Dacey's book "How To Avoid Probate" was not an unauthorized practice of law since there was no personal contact or relationship with any particular individual so that there was no relationship of competence and trust established which is so necessary to the status of attorney and client.

Summary of this case from In re Kaitangian

In New York Lawyers' Assn. v. Dacey, 21 N.Y.2d 694, 234 N.E.2d 459, 287 N.Y.S.2d 422 (1967), the court found sale of Norman F. Dacey's book "How To Avoid Probate" was not an unauthorized practice of law since there was no personal contact or relationship with any particular individual so that there was no relationship of competence and trust established which is so necessary to the status of attorney and client.

Summary of this case from In re Kaitangian

In New York County Lawyers Association v. Dacey, 21 N.Y.2d 694, 287 N.Y.S.2d 422, 234 N.E.2d 459 (1967), the New York Court of Appeals held the publication and sale of legal forms was a common activity and the sale of a book entitled "How to Avoid Probate", which included forms for use by lay people, did not constitute the unauthorized practice of law.

Summary of this case from In re Thompson

In Matter of New York County Lawyers' Assn. v Dacey (21 N.Y.2d 694) the Court of Appeals reversed an injunction against the sale of forms on the dissenting opinion of Justice STEVENS (Matter of New York County Lawyers' Assn. v Dacey, 28 A.D.2d 161, 171).

Summary of this case from People v. Divorce Assoc Pub
Case details for

Matter of New York County Lawyers' Assn. v. Dacey

Case Details

Full title:In the Matter of NEW YORK COUNTY LAWYERS' ASSOCIATION, Respondent, v…

Court:Court of Appeals of the State of New York

Date published: Dec 29, 1967

Citations

21 N.Y.2d 694 (N.Y. 1967)
287 N.Y.S.2d 422
234 N.E.2d 459

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