Under California's Business and Professions Code 6125 and 6126, practicing law without a license (UPL) is illegal. It occurs when someone who isn't an active licensee of the State Bar of California practices law or presents themselves as an attorney.
This includes giving legal advice, appearing in court, or drafting legal documents for others. Violations can result in a misdemeanor, carrying penalties including up to one year in jail and fines of up to $1,000. Penalties may be harsher for disbarred or suspended former attorneys.
This law states that only individuals licensed by the California State Bar are permitted to practice law or provide legal advice and representation to residents within the state.
Although the crime of unauthorized practice is not widely recognized or common, it does happen occasionally. Some individuals are unaware that practicing law or self-representation without an active bar license or judicial approval could result in criminal charges.
California Business and Professions Code 6126(a) says, "anyone advertising or holding themselves out as entitled to practice law who is not an active member of the State Bar, or authorized by the court at the time is guilty of a crime."
What Defines the Unauthorized Practice of Law?
As noted, the laws concerning the unauthorized practice of law in California are outlined in the CA Business & Professions Code sections 6125 and 6126. BPC 6125 states clearly: "No person shall practice law in California unless the person is an active licensee of the State Bar."
BPC 6126 clarifies that it is illegal not only to practice law in California without a license but also to present oneself as a licensed attorney without one, even if no legal practice occurs.
The elements of the crime for unauthorized practice of law involve advertising oneself as practicing law or practicing law without being a member in good standing of the California State Bar.
What Exactly is "Practicing Law"?
So, what exactly does "practicing law" entail? Although there's no strict definition, it typically involves providing legal services such as appearing in court, offering legal advice, and drafting legal documents.
The phrase "holding yourself out" as authorized to practice law means you can still be convicted of this offense even if you haven't done any legal work. Simply advertising yourself as a lawyer is enough to be found guilty under this law.
A related crime to BPC 6126, which involves unauthorized practice of law, is California Business & Professions Code 2052, pertaining to unauthorized practice of medicine.
What Are the Punishments?
Practicing law without a California license or falsely claiming to be a licensed attorney is a misdemeanor in California. Convictions under Business and Professions Code Section 6126 can result in fines of up to $ 1,000 and up to one year in county jail.
These penalties are often reduced to summary probation. For repeat violations, however, there is a mandatory minimum jail time of 90 days.
However, practicing law after being suspended, disbarred, placed on involuntary "inactive" status, or resigning from the bar while facing criminal charges can significantly increase the penalties for unauthorized practice.
In certain circumstances, the crime of practicing law without a license can be classified as a 'wobbler,' meaning it can be prosecuted as either a misdemeanor or a felony. A felony conviction could result in 16 months to two or three years in state prison, fines of up to $10,000, and formal felony probation.
What Are the Top Strategies Against BPC 6125?
Although advertising legal services or practicing law without a license appears to be a clear offense, there are often ways to mount a successful defense to reduce or avoid penalties. Typical defenses include:
- Lack of intent. You did not intentionally violate the law by practicing without a license. For instance, if you were unaware that your license was inactive, you shouldn't be convicted. Similarly, if you didn't realize that your actions were outside the legal scope (such as giving legal advice), or if you started advertising too early before getting your bar exam results, you might be able to argue that you lacked intent.
- Your actions were not within the scope of "practicing law." You might claim that the advice you provided wasn't intended as official "legal advice" or that the clerical tasks you performed didn't need a legal license. In such cases, prosecutors must demonstrate that you knew you were engaging in law practice or presenting yourself as authorized to do so without proper permission. Establishing this knowledge can be difficult, and prosecutors recognize this challenge. Consequently, there may be opportunities to have the charges dismissed.
Negotiating with the prosecuting agency could lead to reduced charges or case dismissal. However, case specifics are essential for crafting an effective defense strategy. Moreover, prefiling negotiations might persuade the prosecution not to file formal criminal charges initially, an outcome known as a "DA reject."
For additional information, please contact our California criminal defense attorneys at Cron, Israels & Stark in Los Angeles, CA.
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