Campbell v. Asbury Automotive, Inc.
Supreme Court of Arkansas
381 S.W.3d 1 (Ark. 2011)
Car dealership Asbury Automotive (defendant) charged customers a document-preparation fee for preparing the legal sales contract governing vehicle purchases; Otis Campbell and other customers (plaintiffs) sued in a class action, alleging the fee constituted the unauthorized practice of law and that charging it violated the Arkansas Deceptive Trade Practices Act through unjust enrichment. The circuit court agreed Asbury had engaged in the unauthorized practice of law and granted Campbell summary judgment, and Asbury appealed.
Whether a state legislature may enact a consumer-protection statute penalizing a nonlawyer entity's unauthorized practice of law, given that regulation of the legal profession is generally reserved to the judicial branch.