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PERKINS v. CTX MORTG. CO.

No. 64581-7.

969 P.2d 93 (1998)

137 Wash.2d 93

Ed and Jeanne PERKINS, husband and wife and the marital community composed thereof, on behalf of themselves and all similarly situated, Appellants, v. CTX MORTGAGE COMPANY, a Washington corporation, Respondent.

Supreme Court of Washington, En Banc.

Decided January 7, 1999.

Reconsideration Denied February 22, 1999.

Attorney(s) appearing for the Case

Mary E. Fairhurst, Charles K. Wiggins, and Kenneth W. Masters on behalf of the Washington State Bar Association, amicus curiae.

Hillis, Clark, Martin & Peterson, Louis D. Peterson, Lynne M. Cohee, Seattle, Amicus Curiae on Behalf of Washington Mortgage Lenders Association.

Leen & Moore, David A. Leen, Seattle, for Appellant.

Graham & Dunn, Edward W. Pettigrew, Larry J. Smith, Seattle, for Respondent.

DURHAM, C.J.

At issue is whether a mortgage lender engages in the unauthorized practice of law by charging a fee for the production and completion of residential home loan documents. The trial court dismissed the Plaintiffs' class action, concluding that charging a fee for the production of such documents is not the unauthorized practice of law where lay employees participating in such document preparation do not exercise any legal discretion. We agree and affirm...

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