Bowers v. Transamerica Title Insurance Co.
Supreme Court of Washington
675 P.2d 193 (1983)
The Bowers family (plaintiffs) sold jointly owned property to Quantum Construction, Inc. (Quantum), which paid a $10,000 down payment with the remainder due under a note; Transamerica Title Insurance Co. (Transamerica) (defendant) handled the closing, and its non-attorney escrow closer, Bonniejean Evans, prepared all the closing documents. During closing, Transamerica confirmed with Quantum that the note would be unsecured. Quantum later defaulted, and its shareholders fled the country. The Bowers sued Transamerica, arguing it had engaged in the unauthorized practice of law by preparing the legal documents and should be liable for the loss on the note. The trial court agreed and ruled for the Bowers, and Transamerica sought review.
Whether a layperson who engages in the unauthorized practice of law may be held to the same professional standards as an attorney performing the same task.