"The public, particularly senior citizens, are told that the living trust is a cure-all for the problems entailed in asset management and wealth transfer, a claim with no more validity than the curative claim for snake oil." Gibbs, at 193; see also People v. Laden, 893 P.2d 771, 771 (Colo. 1995) ("The nonlawyer who sold the trust told the couple it would cost their sons $65,000 to settle their estate through probate and the courts."); Mahoning County Bar Ass'n v. TheSenior Serv. Group, Inc., 642 N.E.2d 102, 103 (Ohio Bd. Unauth. Prac. 1994) (Trust company recommended "that `everyone' with an estate over $50,000 should have a living trust.").

It was concluded that the attorney provided advice too late in the process because the nonlawyer had already given legal advice to the client upon which the decision had already been based. In addition, the reviewing attorney added a degree of credibility to the legality of the company and the advice that had been previously given. Similar results have been obtained in cases in Missouri, Colorado and Washington. SeeIn Re Mid-America Living Trust Associates, Inc. v. et. al. 927 S.W. 2d 855 (Mo. 1996); People of the State of Colorado v. Michael M. Laden, 893 P.2d 771 (Colo. 1995); In re Disciplinary Proceeding Against Shepard, 169 Wash. 697 (Wash. 2010).

Numerous Supreme Courts and disciplinary bodies in other jurisdictions have examined the conduct engaged in by Respondent and found it violative of the ethical rules. In re Mid-America Living Trust Associates, Inc. v. et al, 927 S.W. 2d 855 (Mo. 1996) (By accepting referrals to draft trust documents sold or recommended by nonlawyers, courts have found attorneys have aided in the authorized practice of law); People of the State of Colorado v. Michael M. Laden, 893 P.2d 771 (Colo. 1995) (nonlawyers reviewed and prepared a living trust for a flat fee; attorney reviewed the living trusts and consulted with clients for 30 minutes; unauthorized practice of law); Cincinnati Bar Association v. Kathman, 92 Ohio St. 3d 82 (Ohio 2001) (attorney provided advice too late in the process because the noniawyer had already given legal advice to the client upon which decisions had been based). Pennsylvania is no exception.