Unauthorized Practice of Law

  • "National Conference of Lawyers and Life Insurance Companies"
  • ABA - American Bar Association
  • Unauthorized Practice of Law
    • 1951 - LR - The Bar and the Unauthorized Practice of Law: A Survey - 13p
    • 1955 - LR - The Unauthorized Practice Controversy, A Struggle Among Power Groups, Quintin Johnstone - 57p
    • 1964 - LR - Unauthorized Practice of Law - Planning Estates Incidental to Selling Life Insurance Construed as the Practice of Law - Oregon State Bar v. John H. Miller & Co., 385 P. 2d 181 (Ore. 1963) - 7p
    • 1966 - LR - The Unauthorized Practice of Law by Laymen and Lay Associations, by Loyd P. Derby - 34p
    • 1973 - ABA - Unauthorized Prac. News 81 (1973) - Midwinter Report of ABA Unauthorized Practice of Law Committee
    • 1991 - Be It Resolved That the National Conference of Lawyers and Life Insurance Companies be discontinued. - 4179R - 3p
      • STANDING COMMITTEE ON NATIONAL CONFERENCE GROUPS
      • National Conference of Lawyers and Life Insurance Companies
  • When rendering legal advice to prospective customers, life insurance salesmen have a conflict of interests-they are interested in setting up an estate plan with the maximum amount of life insurance regardless of the best interests of their client.141
  • 141 In Anderson v. Knox, 297 F.2d 702 (9th Cir. 1961), a life insurance agent sold a bank-financed insurance policy with a face amount of $100,000 to a 36-year-old purchaser whose income was around $10,000 a year,  representing that the plan was suitable for the needs of the purchaser and his family.
    • To pay the first premium, the purchaser converted and pledged his existing life insurance policies.
    • The purchaser soon found the plan to be disadvantageous and was forced to cancel his various insurance policies.
    • He then sued the insurance agent for fraud and misrepresentation and was awarded compensatory damages of $13,000, punitive damages of $10,000, and $2,500 for mental distress.

1966 - LR - The Unauthorized Practice of Law by Laymen and Lay Associations, by Loyd P. Derby - 34p