(In re: Robert F. Pipes, Jr., as trustee of the Robert F. Pipes, Jr. Living Trust, and Annette Pipes, as agent and attorney in fact for the Robert F. Pipes, Jr. Living Trust v. Weyerhaeuser Company) (2020)

WRIT DENIED. NO OPINION.

I respectfully dissent from the denial of the petition for a writ of certiorari. Robert F. Pipes, Jr., is the trustee of the Robert F. Pipes, Jr. Living Trust, a revocable trust (“the trust”). Robert also represents that he is the settlor and beneficiary of the trust. Robert's wife, Annette, is the agent and attorney in fact for the trust. In the underlying action, Robert and Annette, appearing pro se in their respective capacities on behalf of the trust, suffered an adverse judgment. Annette, a nonattorney, signed and filed a timely notice of appeal. The Court of Civil Appeals held that the notice of appeal filed by Annette was “a nullity” and dismissed the appeal, noting, in relevant part, that,

“[a]lthough this court's research has revealed no caselaw regarding the ability of a nonattorney to represent a trust before a court of law in a civil action, it is clear that Alabama law prohibits nonattorneys from representing other individuals and entities [such as corporations 1] in other analogous contexts.”

Pipes v. Weyerhaeuser Co., 328 So.3d 282, 284 (Ala. Civ. App. 2020).

In other words, the Court of Civil Appeals reasoned that, because a corporation is a separate legal entity from its shareholders, the same must be true of trusts, i.e., a trust is an entity separate from its trustee, settlor, and beneficiary. However, unlike a corporation, a trust is defined as “a property interest held by one person (the trustee) at the request of another (the settlor) for the benefit of a third party (the beneficiary).” Black's Law Dictionary 1817 (11th ed. 2019). This case involves a revocable trust in which Robert is the settlor, trustee, and beneficiary. And, because Robert created the trust, he has the power during his lifetime to terminate, revoke, and recover the trust property and transfer it to himself. By definition, “[w]hile a trust is revocable, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.” § 19-3B-603(a), Ala. Code 1975. Logically then, Robert, who serves as settlor, trustee, and beneficiary of the trust, did not represent the interests of others in the underlying action; rather, in defending the trust corpus, he was representing his own interests and thus did not engage in the unauthorized practice of law. Accordingly, I would grant the writ of certiorari to address whether the Court of Civil Appeals incorrectly decided a material question of first impression and, specifically, whether the trust was a separate legal entity requiring a licensed attorney to defend the trust corpus in the proceedings below.

FOOTNOTES

1.   Black's Law Dictionary defines “corporation” as “[a]n entity (usu[ally] a business) having authority under law to act as a single person distinct from the shareholders who own it and having rights to issue stock and exist indefinitely.” Black's Law Dictionary 428 (11th ed. 2019).

BOLIN, Justice.

Parker, C.J., and Shaw, Wise, Bryan, Mendheim, Stewart, and Mitchell, JJ., concur. Sellers, J., dissents.