New California law makes it a crime to practice law without state bar license

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.

Michael J. Gurfinkel has been a licensed attorney in California for over 21 years. He has always excelled in school: Valedictorian in High School; Cum Laude at UCLA; and Law Degree Honors and academic scholar at Loyola Law School, which is one of the top law schools in California. He is also an active member of the State Bar of California, the American Immigration Lawyers Association, and the Immigration Section of the Los Angeles County Bar Association. All immigration services are provided by an active member of the State Bar of California and/or by a person under the supervision of an active member of the State Bar.

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(This is for informational purposes only, and reflects the firm’s opinions and views on general issues. Each case is different and results may depend on the facts of a particular case. No prediction, warranty or guarantee can be made about the results of any case. Should you need or want legal advice, you should consult with and retain counsel of your own choice.