Unauthorized Practice Of Law In Los Angeles – California Business & Professions Code 6125
Obviously, it’s illegal to hold yourself out to be a lawyer when you have not been admitted to practice as a lawyer by the State Bar of California. This situation of the unauthorized practice of law comes up in many different circumstances. One, it could come up where an attorney has been disbarred or suspended in some way by the State Bar of California and then they continue to practice law and they get caught. They are then going to be arrested and prosecuted for the unauthorized practice of law in one of the Los Angeles courthouses.
Another area can come into play is if a paralegal or somebody who works for an attorney starts doing things that the attorney is supposed to be doing, like meeting with clients, drafting motions and not getting the attorney’s approval when they’re doing this. A lot of this mill law firms where they’ve got these people who are claiming that they work for the attorney and they’re not really lawyers, and the attorney unfortunately is not as involved in the practice as they should be, so they’re just basically allowing someone to practice law who doesn’t know what they’re doing, has not been specifically trained – this is exactly what the unauthorized practice of law – Business & Professions Law Section 6125 was meant to prevent.
We don’t want people out there who are not attorneys, who have not taken the right courses and do not have the experience to represent people, holding themselves out as attorneys and doing so. It’s certainly okay if an attorney has help with a paralegal or other individual working for them and doing some of the tasks that need to be done as it relates to successfully running a law practice, but they can’t practice law. In other words, they can’t do the things that make the attorney the attorney.
So, if you’re an attorney who is charged with the crime of unauthorized practice of law, give me a call. Of course, as you know, we’ll keep it under the umbrella of the attorney/client privilege and we’ll figure out our best strategy moving forward on how to exactly handle the case – not only with the criminal court system but also with the State Bar of California.
Also, if you’re an employee of an attorney who has gotten caught practicing law without a license, maybe you have a perfectly good explanation for it. Maybe there’s a defense to it. Maybe you didn’t realize that you were doing something that you weren’t supposed to do, because under the circumstances of what you were doing, you thought that was okay because it was at the direction a practicing attorney. It doesn’t really matter what the scenario is. The way we handle it is, we get you in. We sit down. We talk about it. We break it all down and then we decide, is this a case we’re going to fight all the way and win in a jury trial or is this case because of what you did and what evidence they have, we need to work out some sort of a plea bargain with the prosecutors. This is decided between you and I and then I’ll put the plan into action in order to get done whatever it is that you and I decide. You obviously will get character letters and do other things that make sense in the defense of the case and then we will come together and get this unauthorized practice of law matter dealt with and get you out of the criminal justice system as fast as possible.
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