Jack L. Bowers, Respondents v. Transamerica Title Insurance Company, Appellant

Summary

The court held that Transamerica's lay escrow closer engaged in the unauthorized practice of law and was liable for failing to advise the sellers to obtain independent legal counsel concerning the risks of an unsecured real-estate sale. It also held that the conduct violated the Consumer Protection Act and that the reasonable value of the lost security interest was an appropriate measure of damages. The court affirmed the liability and damages rulings but remanded for recalculation of attorney fees because the trial court improperly included duplicated work and an unwarranted quality multiplier. Justice Dore, concurring in part and dissenting in part, would have limited the fee award, while Justice Dimmick would have required use of specified reasonableness factors rather than the lodestar method.