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Supreme Court of Illinois


King v. First Capital Fin. Servs. Corp., 97263, 97761cons.

In consolidated appeals arising from complaints by mortgage borrowers that they were charged document-preparation fees by lenders and that those documents were prepared by non-attorney employees or outside contractors thereby constituting unauthorized practice of law, dismissal of the complaints is affirmed where: 1) defendants did not engage in the unauthorized practice of law by charging a fee for document preparation; 2) no private right of action exists under the Attorney Act for damages for the unauthorized practice of law; and 3) plaintiffs' restitution claims are barred by the voluntary payment doctrine.

Appellate Information

  • Decided 04/21/2005
  • Published 04/21/2005

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Court

  • Supreme Court of Illinois

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