(dissenting). I am unable to concur in the opinion of Mr. Justice Butzel. He holds that real-estate brokers, in connection with properties in which their services are enlisted, may fill in standard printed forms of agreements of purchase and sale, deeds, land contracts, mortgages, assignments of mortgages, notices to quit, et cetera, as printed by stationers.
In Grand Rapids Bar Association v. Denkema, 290 Mich 56, 63, 64, we approved of the following:
“The practice of law is not confined to the practice in courts of the State, but it includes the preparation of pleadings and other papers incident to any action or special proceeding in any court or other judicial body, conveyancing, the preparation of all legal instruments of all kinds whereby a legal right is secured, the rendering of opinions as to the validity or invalidity of the title to real estate or personal property, the giving of legal advice in any action taken for others in any matter connected with the law. Boykin v. Hopkins, 174 Ga 511 (162 SE 796).
“‘Practice of law under modern conditions consists in no small part of work performed outside of any court and having no immediate relation to proceedings in court. It embraces conveyancing, the giving of legal advice on a large variety of subjects, and the preparation and execution of legal instruments covering an extensive field of business and trust relations and other affairs. Although these transactions may have no direct connection with court proceedings, they are always subject to become *231involved in litigation.’ Opinion of the Justices, 289 Mass 607, 613 (194 NE 313).”
It must be conceded that the services rendered by the defendants is that of “conveyancing,” a subject taught in practically all law schools and in many States a required subject for candidates for admission to the bar. The legislature of this State by statute has established the public policy of Michigan as to who may and who may not practice law. The qualifications and requirements have been set high in order to afford ample protection to the public. See CL 1948, § 601.52 (Stat Ann 1953 Cum Supp §27.72). A real-estate broker or salesman is required :
“To pass an examination establishing, in a manner satisfactory to the commission, that the applicant has a fair knowledge of the English language, including reading, writing, spelling and elementary arithmetic, a satisfactory understanding of the fundamentals of real estate practice and of the laws and principles of real estate conveyancing, deeds, mortgages, land contracts, leases, the obligations of a broker to the public and his principal, and. the provisions of the Michigan statutes defining, regulating and licensing real estate brokers and salesmen.” (CL 1948, §451.208 [Stat Ann 1953 Cum Supp §19.798].)
It clearly appears that the standards required for attorneys and real-estate brokers stand in sharp contrast insofar as educational qualifications are concerned. It is also well known by practicing attorneys that in practically every real-estate transaction the attorney is required to give advice concerning some phase of the transaction.
While it is generally conceded that the' practice of law is difficult to define, yet we approved of the following in Detroit Bar Association v. Union Guardian Trust Company, 282 Mich 216, 221, 222:
*232“ ‘Counsel and advice, the drawing of agreements, the organization of corporations and preparing papers connected therewith, the drafting of legal documents of all kinds, including wills, are activities which have long been classed as law practice.’ People v. Alfani, 227 NY 334, 338 (125 NE 671). * * *
“ ‘It is too obvious for discussion that the practice of law is not limited to the conduct of cases in courts. According to the generally understood definition of the practice of law in this country, it embraces the preparation of pleadings and other papers incident to actions and special proceedings and the management of such actions and proceedings on behalf of ■clients before judges and courts, and in addition conveyancing, the preparation of legal instruments of all kinds, and in general all advice to clients and all action taken for them in matters connected with the law. An attorney at law is' one who engages in any of these branches of the practice of law.’ In re Duncan, 83 SC 186 (65 SE 210, 24 LRA NS 750, 18 Ann Cas 657).”
In the above case we held that the drawing of wills by corporations or laymen constitutes unauthorized practice of law. Courts are not in agreement as to what constitutes the practice of law, but it is generally accepted that if the service performed requires legal skill or more than ordinary business intelligence it constitutes the practice of law. It is of no importance that such services are not paid for. It is also a well-known fact that a substantial number of cases have been and are in the courts of our State where the principal cause of the litigation was the incompetent preparation of a legal instrument by a layman on behalf of another layman.
In my opinion the preparation of deeds, mortgages and contracts in real-estate transactions are not routine, requiring no legal skill. Such acts often involve a correct description of the property, the *233assumption of a mortgage, the nature of the title to he conveyed, where joint owners or title by the entirety, and whether there may be lien on the property for unpaid taxes or other reasons. The selection of the appropriate form or blank for the real-estate transaction for others or the filling out of such blanks constitutes the practice of law and can only he rendered by those entitled to practice law. The decree enjoining the defendants from attempting to practice law through its agents and employees before any circuit court commissioner or in any court or judicial body in the State of Michigan should be affirmed.
A decree should be entered enjoining and restraining defendants from preparing, drafting or filling in printed forms of options, deeds, land contracts and mortgages, regardless of whether or not charges for such services are made or are rendered gratuitously.
Smith, J., took no part in the decision of this case.