People ex Rel. v. Denver Banks

11 Citing cases

  1. Merrick v. American Security Trust Co.

    107 F.2d 271 (D.C. Cir. 1939)   Cited 19 times

    People v. Peoples Trust Co., 180 App. Div. 494, 167 N.Y.S. 767, 770. Judd v. City Trust Savings Bank, 133 Ohio St. 81, 12 N.E.2d 288; People ex rel. Committee on Grievances of Colorado Bar Ass'n v. Denver Clearing House Banks, 99 Colo. 50, 59 P.2d 468, 470; State ex inf. Miller v. St. Louis Union Trust Co., 335 Mo. 845, 74 S.W.2d 348. Cf. In re Eastern Idaho Loan Trust Co., 49 Idaho 280, 288 P. 157, 73 A.L.R. 1323.

  2. State v. Hardy

    156 P.2d 309 (Wyo. 1945)   Cited 5 times
    Interviewing clients and drafting wills constitutes practice of law

    The drawing of wills constitutes the practice of law. People v. Bank, (Ill.) 176 N.E. 901, 908; People v. Bank, (Colo.) 59 P.2d 468, 469; Judd v. Bank, (Ohio), 12 N.E.2d 288, 291; Detroit Bar Ass'n v. Union Guardian Trust Co., (Mich.) 276 N.W. 365, 367.

  3. Desoto Gathering Co. v. Hill

    2017 Ark. 326 (Ark. 2017)   Cited 15 times   1 Legal Analyses
    In DeSoto Gathering Co. LLC v. Hill, 2017 Ark. 326, at 3–4, 531 S.W.3d 396, 399, we addressed the statutes at issue, Ark. Code Ann. §§ 26-27-317 to -318, and explained the process for an aggrieved property owner to contest the ad valorem property tax.

    We have observed that ‘[c]orporations shall not practice law.’ Union Nat'l Bank, 224 Ark. at 53, 273 S.W.2d at 411 (1954) (quoting People ex rel. Comm. on Grievances of ColoradoBar Ass'n v. Denver Clearing House Banks, 99 Colo. 50, 59 P.2d 468, 470 (1936) )." Brown v. Kelton, 2011 Ark. 93, at 6–7, 380 S.W.3d 361, 365–66.

  4. Campbell v. Asbury Automotive, Inc.

    2011 Ark. 157 (Ark. 2011)   Cited 94 times
    Reversing and remanding where the trial court granted summary judgment on unjust enrichment based solely on the fact that a contract existed between the parties

    Likewise, this court has observed that " [c]orporations shall not practice law." Arkansas Bar Ass'n v. Union Nat'l Bank, 224 Ark. 48, 53, 273 S.W.2d 408, 411 (1954) (quoting People ex rel. Committee on Grievances of the Colorado Bar Ass'n v. Denver Clearing House Banks, 99 Colo. 50, 54, 59 P.2d 468, 470 (1936)). See alsoBrown v. Kelton, 2011 Ark. 93, 380 S.W.3d 361 (holding that Ark.Code Ann. § 16-22-211 was constitutional and did not conflict with this court's exclusive power to regulate the practice of law).

  5. Brown v. Kelton

    2011 Ark. 93 (Ark. 2011)   Cited 18 times

    We have observed that "[c]orporations shall not practice law." Union National Bank, 224 Ark. at 53, 273 S.W.2d at 411 (1954) (quoting People ex rel. Committee on Grievances of Colorado Bar Ass'n v. Denver Clearing House Banks, 99 Colo. 50, 54, 59 P.2d 468, 470 (1936)). Additionally, Rule 1.7 of the Arkansas Rules of Professional Conduct sets forth the general principle that an attorney may not represent a client if the representation involves a concurrent conflict of interest.

  6. State ex Rel. Ind. State Bar Assn. v. Osborne

    241 Ind. 375 (Ind. 1961)   Cited 6 times
    Preparing and drafting a will and giving advice as to the contents and legal effect of a will is the practice of law

    The respondent has filed a return stating that he does not contest the allegations made. The preparation and drafting of a will and the giving of advice as to the contents and legal effect of a will is the practice of law. Fink v. Peden (1938), 214 Ind. 1. 584, 17 N.E.2d 95; Eley v. Miller (1893), 7 Ind. App. 529, 34 N.E. 836; State ex rel. Gary Bar Assn., etc. v. Dudak, etc. (1955), 234 Ind. 413, 127 N.E.2d 522; Ark. Bar Assn. v. Union National Bank (1954), 224 Ark. 48, 273 S.W.2d 408; People ex rel. v. Denver Banks (1936), 99 Colo. 50, 59 P.2d 468. As in the instant case, the public, far more than the lawyers, suffers injury from the unauthorized practice of law.

  7. Title Company v. Bar Assn

    135 Colo. 423 (Colo. 1957)   Cited 11 times
    In Title Guaranty Company v. Denver Bar Association, 135 Colo. 423, 312 P.2d 1011, 1014 (1957), the Supreme Court of Colorado dealt with a proceeding by the Colorado Bar Association (and others) to enjoin the defendants Title Guaranty Company and Record Abstract and Title Insurance Company from preparing for others certain legal documents, giving advice as to the legal effect of such documents, and performing other acts, all of which were alleged to constitute the unlawful practice of law.

    Corporations cannot practice law and could not do so at the time of the adoption of this statute. People v. Denver Clearing House Banks, 99 Colo. 50, 59 P.2d 468. Counsels' interpretation would render the statute unconstitutional as being an unauthorized invasion by the legislature of a matter which rests in the exclusive jurisdiction of the judiciary as pointed out in our opinion in the Realtor cases.

  8. Conway-Bogue v. Bar Assn

    135 Colo. 398 (Colo. 1957)   Cited 42 times
    In Conway-Bogue Realty Investment Co. v. Denver Bar Assoc., 135 Colo. 398, 312 P.2d 998 (1957), the court stressed a common sense approach to this question that protects the public interest.

    Though this Court has made findings in specific cases holding that certain acts did or did not constitute the practice of law, unfortunately the decisions cannot be reconciled with each other; do not reflect a definite guide or policy and afford slight assistance in resolving the issues before us. June 29, 1936, in People v. Denver Clearing House Banks, 99 Colo. 50, 59 P.2d 468, it was held: "We think the drawing of wills, as a practice, is the practice of law * * *."

  9. Ark. Bar Assn. v. Union National Bank

    224 Ark. 48 (Ark. 1954)   Cited 51 times
    Holding that a corporation may represent itself in connection with its own business or affairs provided it does so through a licensed attorney

    "An executor, administrator, or guardian, as such, has no right to conduct probate proceedings, except in matters where his personal rights as representative are concerned, as, for instance, where his account as representative is in question, or misconduct is charged against him as representative." In People Ex Rel. Committee on Grievances of the Colorado Bar Association v. Denver Clearing House Banks, 99 Colo. 50, 59 P.2d 468, where a similar issue was under consideration the Court said: "Corporations shall not practice law. The practice of drafting wills, living trust indentures and life insurance trust agreements is the practice of law and counsel for executors and trustees named therein may not act as counsel for their testators or creators.

  10. People ex Rel. v. Flanders

    212 P.2d 502 (Colo. 1949)   Cited 1 times

    The inherent character of the admitted conduct of respondent and all the attendant circumstances, unquestionably involve the practice of law, and show the doing, as a practice or business, of acts which when performed by a lawyer constitute practicing his profession. In People ex rel. v. Denver Banks, 99 Colo. 50, 59 P.2d 468, it is said: "We think the drawing of wills, as a practice, is the practice of law." (Italics supplied)