STATE v WINDER 348 N Y S 2
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STATE v. WINDER 348 N. Y. S. 2 d 270 (N. Y. Sup. Ct. 1973) Case Brief Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
STATE v. WINDER • PURPOSE: Winder refines the boundaries of unauthorized practice of law, stressing the personal contact character of lawyerclient relations. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
STATE v. WINDER • CAUSE OF ACTION: Proceeding to enjoin alleged unlawful practice of law. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
STATE v. WINDER • FACTS: Winder sold a “Divorce Yourself Kit” with forms and instructions. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
STATE v. WINDER • ISSUE: Whether selling the Kit constituted unlawful practice of law. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
STATE v. WINDER • HOLDING: No, selling the Kit was not the practice of law, but enjoining the defendant from advising and counseling individuals on specific problems was proper. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
STATE v. WINDER • REASONING: Personal contact is an essential ingredient of the attorney-client relationship (representing and advising a particular person in a particular situation). This is not present in selling forms or books about the law and is therefore not the practice of law. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.
