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Westmoreland County v. RTA Group, Inc.

Summary judgment was upheld because the County demonstrated a prima facie case of champerty and maintenance and the unauthorized practice of law against a real estate consulting service that was in the business of handling property tax assessment appeals for owners of real estate.

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Argued: November 3, 1999

RTA Group, Inc. appeals from an order of the Court of Common Pleas of Westmoreland County which granted the County’s motion for summary judgment and found that RTA engaged in Champerty *fn1 and Maintenance, *fn2 as well as the unauthorized practice of law. We affirm.

Procedurally, the litigation began in 1995, when the County filed a two-count complaint against RTA. The first count of the complaint alleged that RTA engaged in the illegal activity of champerty and maintenance. Count two of the complaint alleged that RTA engaged in the unauthorized practice of law. Following discovery, the County moved for summary judgment. On January 13, 1999, Common Pleas issued a decision and order enjoining RTA from soliciting the filing and preparing of tax assessment appeals, representing taxpayers before the County Board of Assessment or before Common Pleas, appearing before the Board in any capacity other than as an expert witness and charging contingency fees for appearing as a witness before the Board or before Common Pleas. In reaching this conclusion, the court found that RTA engaged in the unauthorized practice of law.

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