Is there Such a Thing as “Unauthorized Practice of Law” in California?
Yes, actually in California there is a law that regulates any attempt of practicing law without being authorized to do so. In other words, it is called “unauthorized practice of law“, which is set under California Business & Professions Code sections 6125 & 6126.
Being a crime in California, it consists of two elements that make up the definition of the crime:
- Making advertisements or practicing law; and
- Not being a member of the California State Bar at the time of making advertisements or practicing law in California.
Going deeper into the terms of crime, we would like to focus your attention on the difference between making advertisements and practicing law. When you provide legal advice and counsel, prepare legal instruments such as contracts, agreements that regulate legal right you actually practice law without being authorized to do so. But when you offer or announce that you can provide legal help, you make an advertisement.
At the same time if you are not an active member of the California State Bar, you are not eligible to practice law or offer legal services to the other person. Otherwise, you are convicted of committing a crime of practicing law without a license. Even if you have a law degree or used to be a member of the California State Bar or are a member of the bar of another state or country, you must be an active member of the California State Bar at the time of offering legal services or practicing law.
Attorney Hovanes Margarian is an active member of the California State Bar since December 2006. Hovanes Margarian obtained his Juries Doctor degree from the USC Gould School of Law and founded the Margarian law firm in 2006. With his broad experience, Margarian handles dozens of cases on a daily basis. Call the law office right now at 818-553-1000 and have a free case consultation.