Probate: Taking Dacey Off the Hook

The path to fame and fortune seemed bramble-free for Estate Planner Norman F.Dacey, 59, when his book How to Avoid Probate! hit the bestseller lists in 1966. But as sales of Probate climbed to more than 700,000, Dacey's troubles mounted too. The American Bar Association took potshots at Probate, which sandwiches 310 pages of do-it-yourself legal forms with a few slices of advice and terrifying examples of the costs of probating an estate. Charging unlawful practice of law, the New York County Lawyers' Association took legal action, which resulted in a $250 fine or 30-day jail sentence for Dacey and an injunction against sale or distribution of Probate in the state.

Dacey's lawyers appealed, but last October New York's Appellate Division upheld the lower court. In his lone dissent, Appellate Justice Harold A. Stevens wrote: "At most, the book assumes to offer general advice on common problems," and therefore was not an attempt to practice law. Moreover, said Stevens, the court's order was a violation of Dacey's right to free speech. Late last month New York's highest tribunal, the Court of Appeals, held 6 to 1 that Justice Stevens was right, voided Dacey's fine and abolished the ban. Said Dacey, who brought a $1,500,000 libel action against the Florida bar last week for damaging statements in a bar Journal article: "The New York charge was nothing less than a conspiracy against me. As far as I'm concerned, the case is far from over."