| Dear Mr. Premack: I read
recently that computer programs to prepare Wills are illegal in Texas.
What is the story here? If I want to write my own Will, shouldn’t I be
able to do it without paying a lawyer? And if the programs are illegal,
why do I see them stocked on the store shelves? Thanks. – B.W. via email
Are computer programs that prepare Wills and other legal documents
illegal in Texas? According to a January 22, 1999 decision in the US
District Court, Northern District of Texas, the answer is "yes." However,
the legal process is not yet final – it appears that the case will be
appealed. As such, the software is still available on the store shelves.
What is the fuss about legal software? Your question about writing your
own Will without a lawyer clarifies the issue. The sale of legal software
is not about writing your own legal documents – it is about getting legal
information, advice and documents prepared by a legal expert. Buying
software to do your Will is not the same as writing your own Will.
Ok, but why shouldn’t you be able to buy software to help? Two reasons.
First, the software is written in a "one-size-fits-all" format that often
gives incomplete results that can be costly. Second, the legal advice is
given by persons who are not licensed to practice law in Texas. Can you do
your own legal work personally without paying a lawyer? Yes. Can someone
else do it for you, when that someone is not a licensed attorney? No.
The recent case is "Unauthorized Practice of Law Committee v. Parsons
Technology Inc." Parsons is based in Iowa (and was once a subsidiary of
Intuit, makers of Quicken accounting software, but now just licenses the
name). They market their legal software as "Quicken Family Lawyer."
According to Parsons, the software is designed to handle a variety of
legal issues from writing Wills and Trusts to handling a small claim in
court.
Parsons argued that its software does not create a lawyer-client
relationship -- that no one-on-one legal advice is given. The Unauthorized
Practice of Law Committee (which was created by the Texas legislature and
is overseen by the Texas Supreme Court) took the position that dispensing
legal information and forms is the practice of law. If you want to do
that, you must have a Texas law license.
Judge Barefoot Sanders of the US District Court decided that since the
software "adapts the content of the form to the responses given by the
user," it is giving legal advice. He ruled that Parsons is illegally
practicing law in Texas without a license. Parsons is expected to appeal.
Texas is the first state to take such a strong position against
self-help software. Other states are considering similar suits against
Parsons and other publishers like Nolo Press.
Remember, you always have the legal right to represent yourself or to
write your own legal documents. But representing yourself is often a
costly mistake, and expert guidance from a trained attorney cannot be
adequately replaced with software. |
