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83 Dick. L. Rev. 437 (1978-1979)
Title Companies and the Unauthorized Practice Rules: The Exclusive Domain Reexamined

handle is hein.journals/dlr83 and id is 447 raw text is: Title Companies And The Unauthorized Practice Rules: The Exclusive Domain Reexamined Eric L. Brossman* Moses K. Rosenberg** I. Introduction The legal profession has long enjoyed the protection of statutes, case law and professional standards that tend to insulate the practic- ing bar from competition. While the maintenance of well-articu- lated standards of conduct and competence undeniably redounds to the good of a public that generally has little comprehension of legal intricacies and that, consequently, reposes its trust in the offices of its counselors, the effect of this complex of precepts is commonly the economic aggrandizement of a select interest and the bestowal of an equivocal benefit upon the diverse interests that are purportedly served. Furtherance of the public welfare, a concept that necessarily defies classification, has nevertheless been equated frequently with the expansion of the role of the legal profession.' This inversion and * B.A. 1973, Albright College; M.A. 1975 The Pennsylvania State University; J.D. 1978 Dickinson School of Law. Associate, McNees, Wallace & Nurick, Harrisburg, Pennsylvania. ** A.B. 1938 Dickinson College; J.D. 1943, Dickinson School of Law. Partner, McNees, Wallace & Nurick, Harrisburg, Pennsylvania. Mr. Rosenberg is also an executive with the Pennsylvania Land Title Association and the Pennsylvania Title Insurance Rating Bureau. McNees, Wallace & Nurick is counsel to the Pennsylvania Title Insurance Rating Bureau, a statutorily authorized title insurance rate-making organization. The conclusions expressed in this article are those of the authors and are not, nor are they intended to be, the views of the rating bureau, McNees, Wallace & Nurick or any of its clients. 1. Professor Johnstone, quoting numerous examples of what has developed into an un- authorized practice rhetoric, noted the evolution of a rather clear-cut bar ideology on unau- thorized practice .. Johnstone, The Unauthorized Practice Controversy, A Struggle Among Power Groups, 4 KAN. L. REV. 1, 44-46 (1955). The general outlines of this ideology are depicted as follows: The public utterances of bar leaders on the subject of unauthorized practice con- tain much that is emotional and unobjective, and customarily associate the good of the public with the good of the bar. Part of this can be attributed to exuberant advo- cacy, part of it to a deepseated human desire to be on the side of the good and the

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