Judge bars sale of law software
A federal judge bans distribution and sales in Texas, saying that the program violates a state statute on unauthorized practice of law.
In a case brought against software publisher Parsons Technology, U.S. District Judge Barefoot Sanders in Dallas held that Quicken Family Lawyer (QFL), a program that aids users in filling out wills, leases, and other legal documents, goes well beyond the provision of mere factual information about the legal system.
The decision could give Texas enforcers new ammunition in their investigation of Nolo Press and other companies that offer similar "self-help" legal products.
In explaining his conclusion, the judge noted that the software, which is bundled with Intuit's Quicken Suite, customizes the content of more than 100 legal forms based on information supplied by the end user. "Parson's argument to the contrary notwithstanding, QFL is far more than a static form with instructions on how to fill in the blanks," Sanders wrote in his January 22 order.
Parsons Technology is the publisher of Quicken Family Lawyer. Once owned by Intuit, the company is now a division of The Learning Company. An Intuit spokeswoman said the company licenses the Quicken name to Parsons.
Nonetheless, critics of the ruling say it creates an unconstitutional chilling effect on publishers.
"It's inconsistent with the First Amendment to prohibit the distribution of information about the legal system as a general matter," said Pete Kennedy, a George & Donaldson attorney representing Nolo Press as it is being investigated for distributing its Living Willmaker software in Texas.
Other critics of the ruling said the biggest casualty of the ruling would be the public. "[The ruling] does create a chill and hurts the ability of the public to get needed legal information at a low cost," said Gerry Goldsholle, who heads the legal advice site Free Advice.