A mechanic in Dallas uses Legal Zoom to incorporate his auto-repair business. Several years pass, and he fails to move any actual assets into the corporation. He then dies (without a will) rather suddenly, leaving a 19-year-old son to try to run the business alone.

An attorney is hired to administer the estate, but he cannot even disburse assets to the heirs because of the numerous legal complications caused by the existence of the corporation that Legal Zoom helped to create. He is also required to go to the court many times because of the bizarre nature of the problem which unfortunately adds a great deal to the legal fees the family will owe.

1. What is the difference between using an attorney and using a document preparation service?

2. Do you think the difference is significant enough to warrant changing to the new UPL definition in the Texas Government Code?

3. Ultimately, who do you think is responsible for the problems in our fact pattern?