In California, only licensed members of the bar are permitted to practice law. Business & Professions Code 6126 BPC makes the unauthorized practice of law a misdemeanor offense. A conviction is punishable by up to 1 year in jail and/or $1,000 in fines. A subsequent conviction requires a mandatory 90 days in jail.
Meanwhile, former lawyers who have been disbarred or are suspended face misdemeanor or felony charges for continuing to practice law.
The full text of the statute reads as follows:
6126. (a) Any person advertising or holding himself or herself out as practicing or entitled to practice law or otherwise practicing law who is not an active licensee of the State Bar, or otherwise authorized pursuant to statute or court rule to practice law in this state at the time of doing so, is guilty of a misdemeanor punishable by up to one year in a county jail or by a fine of up to one thousand dollars ($1,000), or by both that fine and imprisonment. Upon a second or subsequent conviction, the person shall be confined in a county jail for not less than 90 days, except in an unusual case where the interests of justice would be served by imposition of a lesser sentence or a fine. If the court imposes only a fine or a sentence of less than 90 days for a second or subsequent conviction under this subdivision, the court shall state the reasons for its sentencing choice on the record.
(b) Any person who has been involuntarily enrolled as an inactive licensee of the State Bar, or whose license has been suspended, or has been disbarred, or has resigned from the State Bar with charges pending, and thereafter practices or attempts to practice law, advertises or holds himself or herself out as practicing or otherwise entitled to practice law, is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for a period not to exceed six months. However, any person who has been involuntarily enrolled as an inactive licensee of the State Bar pursuant to paragraph (1) of subdivision (e) of Section 6007 and who knowingly thereafter practices or attempts to practice law, or advertises or holds himself or herself out as practicing or otherwise entitled to practice law, is guilty of a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for a period not to exceed six months.
(c) The willful failure of a licensee of the State Bar, or one who has resigned or been disbarred, to comply with an order of the Supreme Court to comply with Rule 9.20 of the California Rules of Court, constitutes a crime punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for a period not to exceed six months.
(d) The penalties provided in this section are cumulative to each other and to any other remedies or penalties provided by law.
Legal Analysis
California Business & Professions Code 6126 BPC prohibits the unauthorized practice of law (UPL). This is when a person without a current and valid bar card from the California State Bar provides legal services or advertises him/herself as a licensed attorney. UPL is a crime even if no one is harmed.1
A non-lawyer who represents him/herself as a lawyer – or who practices law – can be prosecuted for a misdemeanor under 6126 BPC. Penalties include up to $1,000, up to one year in county jail, or both.2
But the penalties become harsher for former attorneys who have either:
- been disbarred or suspended; or
- been involuntarily shifted to “inactive” membership in the State Bar; or
- resigned from the State Bar with criminal charges pending.
In these three cases, the unauthorized practice of law is a wobbler. This means that the D.A. can bring either felony or misdemeanor charges. As a felony, a violation of 6126 BPC carries a county jail sentence of either 16 months, two years, or three years and $10,000 in fines.3
6126 BPC makes it a misdemeanor for a non-lawyer to practice law in California.
Legal References
- California Business & Professions Code 6126 BPC – Unlawful practice or advertising as crime; Penalties. See also County of Sacramento v. Rawat (Cal. App. 3d Dist., 2021), 65 Cal. App. 5th 858 and People ex rel. Herrera v. Stender (Cal. App. 1st Dist., 2012), 212 Cal. App. 4th 614, 152 Cal. Rptr. 3d 16. See also 6125 BPC.
- Same.
- Same.