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Unauthorized Practice of the “Law” in California | Business and Professions Code 6125 and 6126
You cannot practice law in California unless you are an active member of the California State Bar. The crime of unauthorized practice of law in California is less well known. Many people are not aware that practicing law, or representing oneself as a lawyer — without active membership or other authorization — can lead to serious criminal sanctions in California.
Penalties
The penalties for unauthorized practice of law in California under Business and Professions Code 6126 are surprisingly severe. A non-lawyer who presents themselves as an attorney, or practices law, faces misdemeanor penalties in California. These may include a fine of up to one thousand dollars ($1,000), up to one (1) year in county jail, or both. And the penalties are even more pronounced for former attorneys whose membership card for the State Bar is “inactive” or whose membership has been suspended. What this means is that you can be charged with either a misdemeanor or a felony. The potential felony jail sentence can be as high as three (3) years.
Legal Defenses
Unauthorized practice of law charges often take people by surprise. While the accused may have legal training or some experience with the legal system, they are not always familiar with California’s criminal justice system. That is where an experienced criminal defense attorney can be helpful. Attorneys at Progresso Legal Group P.C. can help you navigate both the pre-trial process in California criminal court and the jury trial process in California.
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