Los Angeles Unauthorized Practice of Law Lawyers

Attorneys Aggressively Defend Against UPL Charges in Los Angeles

Aspiring legal professionals must adhere to stringent requirements set forth by California regulatory bodies to ensure their credentials are verified and their practice is authorized. If you are charged with unauthorized practice of law (UPL), it's important to act swiftly. Immediately cease any activities that could be construed as practicing law and consult with a criminal defense attorney who fully understands the potential consequences for UPL.

Werksman Jackson & Quinn LLP is widely recognized as one of America's most successful criminal defense law firms. We've had considerable success defending clients in high-profile cases, and our law firm has been featured on CNBC, Fox News, ABC News, the BBC, the Los Angeles Times, and Esquire. The independent rating agency Super Lawyers gives our firm high marks for serving our clients, and we have an AV Rating from Martindale-Hubbell, their highest rating for ethical standards and legal ability.

Werksman Jackson & Quinn LLP is conveniently located in downtown Los Angeles, near The Bellwether music club, Angels Flight Railway, and The Biltmore Los Angeles. Call our firm at (213) 688-0460 to schedule your case review today.

What Are Charges of Unauthorized Practice of Law?

Unauthorized practice of law is prohibited under the California Business and Professions Code at Sections 6125 and 6126. The law states:

"Any person advertising or holding himself or herself out as practicing or entitled to practice law or otherwise practicing law who is not an active licensee of the State Bar, or otherwise authorized pursuant to statute or court rule to practice law in this state at the time of doing so, is guilty of a misdemeanor punishable by up to one year in a county jail or by a fine of up to one thousand dollars ($1,000), or by both that fine and imprisonment."

Only licensed attorneys are authorized to practice law in California. A person who is not licensed by the State Bar, who practices law or advertises or holds himself or herself out as entitled to practice law, is guilty of a misdemeanor offense. The exception is lawyers who are properly licensed and in good standing in another state and who practice only federal law, such as immigration law. Any attorney who has been disbarred or had his or her license suspended but continues to practice is guilty of unauthorized practice of law.

Understanding Licensing and Regulations for Los Angeles Legal Professionals

Becoming a lawyer in California involves several steps. First, aspiring attorneys must obtain a bachelor's degree from an accredited institution. Next, they must take and pass the Law School Admission Test (LSAT), a prerequisite for law school admission. After gaining admission, candidates must complete a Juris Doctor (JD) program at law school approved by the American Bar Association (ABA).

Upon graduation from law school, candidates must register with the State Bar of California and pass the California Bar Examination, which is known for its difficulty. Candidates also have to pass the Multistate Professional Responsibility Examination (MPRE), which tests knowledge of professional conduct. Finally, California Bar candidates must undergo a moral character evaluation to ensure they meet ethical standards.

State regulatory bodies oversee the licensing and practice of lawyers. The State Bar of California is the primary regulatory authority which is responsible for admissions, discipline, and ongoing regulation of attorneys. It administers the California Bar Examination and conducts the moral character evaluation.

The California Supreme Court has ultimate authority over lawyer licensing and discipline, ensuring adherence to ethical and professional standards. The Committee of Bar Examiners, a subdivision of the State Bar, specifically handles the admissions process, including evaluating the educational qualifications and examination results of applicants. The Office of Chief Trial Counsel is tasked with investigating and prosecuting violations of professional conduct.

How Can Unauthorized Practice of Law Occur in California?

Practicing law generally means preparing legal documents, giving legal advice, or performing legal services in a courtroom. Even if you are not actually practicing law, you can be convicted of unauthorized practice of law for advertising or holding yourself out as a licensed attorney when you are not an active member of the State Bar.

The following are some examples of how unauthorized practice of law can occur in California:

• A lawyer licensed in another state provides legal services for residents of California.
• A student who has graduated from law school but has not yet passed the bar gives legal advice or prepares legal documents for friends for a small fee.
• An attorney who has been disbarred completes legal work for clients that had begun before disbarment.
• A paralegal gives legal advice to a client without consulting the lawyer under whom he or she works.

Penalties for Unauthorized Practice of Law in Los Angeles

For a first offense, unauthorized practice of law carries a jail sentence of up to one year and a fine of up to $10,000. Penalties can often be reduced to summary probation. For a second or subsequent offense, you could face stiffer penalties, including a mandatory minimum of 90 days in jail.

What Effective Legal Defenses Can Be Used Against UPL Charges?

Facing UPL charges is a serious matter that requires a robust legal defense. The first step is consulting a lawyer with experience in UPL cases. Your attorney can analyze the accusations against you and gather evidence to refute any claims of unauthorized practice.

To convict you of unauthorized practice of law, the prosecutor must prove that you knew you were holding yourself out as entitled to practice law or actually practicing law without proper authorization. The types of defenses our Los Angeles criminal defense lawyers can raise will depend on the circumstances of your case. However, effective legal defenses against UPL charges can include demonstrating that you did not provide legal advice, did not represent yourself as a licensed attorney, or that the activities in question do not constitute the practice of law under California statutes. Your defense lawyer might also argue that any legal advice given was incidental to other services provided and, therefore, not subject to UPL regulations.

Additional defenses against UPL charges may include:

• You Acted Under Duress: Someone threatened or coerced you into performing legal services without a valid license.
• Your Actions Were Not Within the Scope of Practicing Law: You gave advice that was not intended to be construed as legal advice, or the work you performed did not have to be performed by a licensed attorney.
• You Lacked Intent: You were not aware that your license to practice law was suspended or that you had been disbarred.

Your lawyer can guide you through the legal process, help you gather evidence, and formulate a defense strategy. Document any interactions and services provided to clients that led to the charges and be prepared to demonstrate that you did not misrepresent yourself as a licensed attorney.

Further, you'll want to cooperate fully with any investigations, follow your attorney's advice closely, and attend all court hearings and legal proceedings as required.

Call Our Los Angeles Defense Lawyers to Help with Your UPL Charges

If you're facing unauthorized practice of law charges in Los Angeles, contact Werksman Jackson & Quinn LLP right away. We can provide you with a vigorous defense, seeking to get all charges against you dismissed or reduced.

Call (213) 688-0460 to speak with one of our Los Angeles UPL attorneys today to learn more.