Saturday, July 21, 2012
John M. Gradwohl (Judge Henry A. Spencer Professor of Law, University of Nebraska College of Law) recently published her article entitled, Legislative Enactment of Standard Forms, May 24, 2012. The abstract available on SSRN is below:
The article considers when a state legislature should include a statutory form as part of the enactment. No other form, however professionally prepared, can bestow the same validation as a legislative statement that "a [document] in substantially the following form shall be sufficient" [to invoke the provisions of this act]. The easy availability of reliable forms and information in the electronic age can present issues of an unauthorized practice of law. The article examines recent experiences of two Uniform Acts of the National Conference of Commissioners on Uniform State Laws which contain statutory forms -- the Uniform Real Property Transfer on Death Act and the Uniform Power of Attorney Act. The conclusions are that the statutory forms can be valuable in carrying out the provisions and policies of the underlying enactment and should be considered by everyone involved in the legislative proposal to be as important as the substantive provisions, themselves.