I don't mean to hijack your thread.
http://www.cga.ct.gov/2009/rpt/2009-R-0448.htm
SUMMARY
States take a variety of approaches to attorney involvement in real estate closings, settlements, and refinancing. Whether an attorney must be present at a closing is typically a question of whether a non-attorney conducting a closing would be engaged in the unauthorized practice of law. While there is no universal definition of what constitutes the practice of law, most states define the practice of law to include giving advice in matters relating to clients' legal rights or responsibilities, drafting legal documents, and representing clients before a court or similar body.
In many states, the courts, rather than the legislature, regulate the unauthorized practice of law. State bar associations also play a role in many states. We found at least two states (Georgia and South Carolina) that require attorneys to be physically present at closings. We found several other states that restrict the extent of non-attorney involvement in closings, such as prohibiting non-attorneys from drafting legal documents for a closing and prohibiting non-attorneys from rendering legal advice in matters arising during the closing. Below are examples of states that either require attorneys to conduct real estate closings or otherwise restrict the activities that non-attorneys may engage in at closings.
We also found a recent Massachusetts federal district court case where the judge declared that interpreting the state's practice of law statutes to require an attorney to perform all the interconnected activities of a real estate conveyance and the issuance of title insurance is unconstitutional.
Attached are a statute and a state bar advisory opinion from two states (Alabama and North Carolina) that restrict the functions that non-attorneys may engage in at closings.
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