Texas Court Holds Unauthorized Practice of Law Prohibits Notaries from Drafting Conveyances and Wills Regardless of Compensation

The Austin Court of Civil Appeals held that a notary public who drafted real estate conveyances, releases of liens, contracts of sale, title opinions, deeds of trust, leases, and wills engaged in the illegal practice of law under the State Bar Act, even when performed gratuitously. The court rejected the argument that unauthorized practice turns on whether consideration was received, holding instead that the nature of the services—not compensation—determines whether legal licensure is required.