1. STATE v. WINDER 348 N.Y.S.2d 270 (N.Y. Sup. Ct. 1973)
Case Brief
Copyright 2007 Thomson Delmar Learning.
All Rights Reserved.

2. Copyright 2007 Thomson Delmar Learning.
STATE v. WINDER
PURPOSE: Winder refines the boundaries of unauthorized practice of law, stressing the personal contact character of lawyer-client relations.
Copyright 2007 Thomson Delmar Learning.
All Rights Reserved.

3. Copyright 2007 Thomson Delmar Learning.
STATE v. WINDER
CAUSE OF ACTION: Proceeding to enjoin alleged unlawful practice of law.
Copyright 2007 Thomson Delmar Learning.
All Rights Reserved.

4. Copyright 2007 Thomson Delmar Learning.
STATE v. WINDER
FACTS: Winder sold a “Divorce Yourself Kit” with forms and instructions.
Copyright 2007 Thomson Delmar Learning.
All Rights Reserved.

5. Copyright 2007 Thomson Delmar Learning.
STATE v. WINDER
ISSUE: Whether selling the Kit constituted unlawful practice of law.
Copyright 2007 Thomson Delmar Learning.
All Rights Reserved.

6. Copyright 2007 Thomson Delmar Learning.
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.

7. Copyright 2007 Thomson Delmar Learning.
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.