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NEW CALIFORNIA LAW MAKES IT A CRIME TO
PRACTICE LAW WITHOUT STATE BAR LICENSE
by Michael J. Gurfinkel, Esq.
California recently enacted a new law that imposes
stiffer penalties on non-lawyers who practice law or hold themselves
out as practicing, or entitled to practice law. California came
out with this law to stop persons from giving legal advice or
claiming that they are entitled to practice law, unless they are
active members of the State Bar of California (or are authorized
pursuant to statute or court rule to practice law in California).
California recognized that such unlicensed people have deceived
thousands of immigrants, minority groups, and those who lack knowledge
of the American legal system.
The new law, authored by State Senator Gloria
Romero (D-Los Angeles) and sponsored by the California State Bar,
makes such unauthorized practice of law a crime, punishable by
imprisonment of up to one year in county jail, or a fine of $1000,
or both. Repeat violators of this new law would face a mandatory
90-day jail sentence.
The law, which goes into effect on January 1, 2003,
targets individuals who claim to be attorneys. In the Latino communities,
they are called "notarios".
In the Asian communities, they are commonly known as
immigration consultants.
The following types of activities have been identified
as constituting the practice of law:
1. Appearing before an INS officer;
2. Giving advice even as "simple" as selecting or completing
the proper INS forms constitutes the practice of law, since the
client is applying for a particular immigration benefit mandated
by law.
Many people would rather go to Notarios, Paralegals, or Consultants,
because many of them claim to charge less money, and they promise
"a quicker work permit" , etc. The law now limits these
immigration consultants to render only NON-LEGAL
assistance. Notarios, paralegals, etc., who are not licensed by
the State Bar (or authorized by court rule or statute) are not
allowed to practice law in California nor give legal advice concerning
the application of laws.
Why would you go to someone for legal advice, when it is illegal
for them to offer such advice? If they are breaking the law (by
offering legal advice) how can you expect them to follow the law
in your case?
Rather than taking chances with "unauthorized and unlicensed
consultants," you should see a reputable attorney, licensed
by the State Bar, and/or authorized to practice law in the United
States.
If using non-lawyers is such a good idea, then why have so many
states, and INS, made it illegal for these consultants to practice
law? The reason is simple and clear: Just as someone who is not
a doctor should not be allowed to practice medicine, someone who
is not a lawyer should not be practicing law, especially when
the stakes are so high: Your future and the future of your family
in the U.S.
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