(dissenting).
Defendant Meservy in the past served as a justice of the peace and as a probate judge. [Finding I.] Winters, knowing of defendant’s previous experience in adoption proceedings, as a probate judge, sought out defendant “for the purpose of assisting him, *510the said Winters, in the preparation of the necessary papers to effect the adoption of the child.” [Finding IV.] Winters believed that “he and the defendant, Meservy, could * * * prepare the adequate forms required for the instant adoption.” [Finding V.] When the adoption papers were returned by the probate judge as defective, Winters “again solicited the assistance of defendant Meservy in redrafting the said documents,” Exhibits A to D, inclusive, being: petition for adoption, consent to adoption, agreement of adoption and order of adoption. [Finding VII.] At the conclusion of defendant’s services in the preparation of the adoption papers Winters gave defendant $10 for his assistance rendered. [Finding IX.] Defendant admitted to the Fremont County prosecuting attorney that he had prepared certain adoption papers for Winters, and had charged $10 for preparing or helping to prepare said papers. [Finding X.] Defendant did not hold himself out as competent or qualified to give legal advice, or prepare or draft legal instruments. [Finding XI.] The referee failed to find whether defendant was or was not admitted to the practice of law at the time of preparation of the adoption papers; however, this Court will take judicial notice of its records relative to those admitted to the practice of law. Those records fail to show that defendant at said time was admitted to the practice of law in this state.
In summary, the referee found that defendant had served as probate judge; that while he did not hold himself out as competent or qualified to give legal advice or prepare legal papers, nevertheless, at the solicitation of Winters, defendant did assist in the preparation of requisite instruments to effect the adoption of a child; that Winters, when the papers were found defective, again solicited defendant’s assistance in redrafting said documents; that Winters paid defendant $10 for his services in preparation of the adoption papers; that defendant admitted to the Fremont County prosecuting attorney that he had prepared or helped to prepare the adoption papers and had charged $10 therefor.
The referee then erroneously concluded that defendant’s services in the preparation of the adoption papers could not be deemed unauthorized practice of law.
Here the question, concerning the inferences which may be drawn from the testimony, does not appear to be presented since the referee made his findings on the evidence and the inferences therefrom that defendant aided in the preparation of legal instruments to effect an adoption and charged a fee therefor.
The preparation of instruments by which legal rights are secured constitutes the practice of law. In re Matthews, 57 Idaho 75, 62 P.2d 578, and citations set forth in the majority opinion.
*511I therefore dissent from the majority opinion insofar as the conclusions of the referee are held supported by his findings, since the referee clearly found in favor of the theory of unlawful practice of law; and such is the only logical conclusion to be drawn from those findings; further, such findings are supported by the evidence, with conflicts in the evidence resolved by the findings in favor of the theory of unlawful practice of law.
McQUADE, J., concurs in this dissent.