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REAL ESTATE BAR ASS'N FOR MASS., INC. v. NATIONAL REAL ESTATE INFORMATION SERVICES

Civil Action No. 07-10224-JLT.

609 F.Supp.2d 135 (2009)

The REAL ESTATE BAR ASSOCIATION FOR MASSACHUSETTS, INC., Plaintiff, v. NATIONAL REAL ESTATE INFORMATION SERVICES and National Real Estate Information Services, Inc., Defendants.

United States District Court, D. Massachusetts.

April 13, 2009.

Attorney(s) appearing for the Case

R. Bruce Allensworth, Ryan M. Tosi, K & L Gates LLP, Brian Marc Forbes, Irene C. Freidel, Kirkpatrick & Lockhart Preston Gates Ellis LLP, Douglas W. Salvesen, Yurko, Salvesen & Remz, P.C., Boston, MA, for Defendants.

Lawrence R. Kulig, Benjamin M. McGovern, Holland & Knight, LLP, Boston, MA, Gael Mahony, Holland & Knight, LLP, Providence, RI, for Plaintiff.

Michael DeMarco, Robert W. Sparkes, III, K & L Gates LLP, Michael D. Ricciuti, Kirkpatrick & Lockhart Preston Gates Ellis LLP, Boston, MA, for Counter Claimant.

Anthony B. Fioravanti, Yurko Salvesen & Remz, P.C., Boston, MA, for Counter Defendant.

Jessica G. Gray, Robert J. Muldoon, Jr. Sherin & Lodgen LLP, Boston, MA, Amicus.

MEMORANDUM

TAURO, District Judge.

I. Introduction

Plaintiff claims that real estate conveyancing and the issuance of title insurance constitute the practice of law in Massachusetts and that Defendants, nonlawyers who conduct such services, have engaged in the unauthorized practice of law. Plaintiff also claims that Defendants have engaged in the unauthorized practice of law by conducting so-called "notary closings." Defendants counterclaim...

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