CALIFORNIA BUSINESS AND PROFESSIONS CODE 6125 – UNLAWFUL PRACTICE OF LAW

In California, the legal profession is carefully regulated to ensure only qualified individuals provide legal services. Under California Business and Professions Code § 6125 (BP 6125), it is illegal to practice law without an active license from the State Bar of California. Violating this law can lead to serious consequences, including misdemeanors and felonies. This blog post will delve into BP 6125, covering its definition, elements of the crime, penalties, defenses, immigration consequences, expungement possibilities, and related offenses.

California Business and Professions Code § 6125 states: “No person shall practice law in California unless the person is an active licensee of the State Bar.” Source: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=6125.&lawCode=BPC

This straightforward mandate requires anyone practicing law in California to have an active and valid license from the State Bar of California. Practicing law without this license is illegal and punishable by law.

ELEMENTS THAT NEEDS TO PROVE THE CONVICTION

To convict someone under BP 6125, the prosecution must prove two key elements beyond a reasonable doubt:

• The defendant engaged in activities considered practicing law. This includes providing legal advice, representing clients in legal matters, drafting legal documents, and more.
• The defendant did not have an active license from the State Bar of California at the time of the alleged offense. This applies to individuals who have never had a license as well as those whose licenses have been suspended, revoked, or have lapsed.

EXAMPLE

Jane Smith, a recent graduate of a law school in California, is eager to start her legal career. She passed the California Bar Exam but, due to a clerical error, did not complete the necessary paperwork to activate her license. Unaware of this oversight, Jane opens a small legal consultancy in her hometown of Sacramento and begins offering legal advice and services to local clients. Jane’s business starts off well, and she quickly gains a few clients. She drafts legal documents, represents clients in small claims court, and offers legal consultations on various matters, including landlord-tenant disputes and minor criminal cases. She even advertises her services online and in local newspapers, proudly displaying her law degree and claiming to be a licensed attorney. One of Jane’s clients, Mr. John Doe, is involved in a complicated eviction case. Jane advises John on the steps to take and represents him in court. Unfortunately, John’s case does not go as planned, and he ends up losing the case. Feeling aggrieved, John does some research and discovers that Jane is not listed as an active licensee of the California State Bar.

John reports Jane to the California State Bar, which initiates an investigation. The State Bar discovers that Jane, despite passing the Bar Exam, never activated her license due to the incomplete paperwork. As a result, Jane is not legally authorized to practice law in California. Jane is subsequently charged under California Business and Professions Code § 6125 for practicing law without an active license.

PENALTIES, PUNISHMENT, AND SENTENCING

The penalties for violating BP 6125 depend on whether the defendant is a non-lawyer or a formerly licensed attorney.

• Non-lawyers who unlawfully practice law face misdemeanor charges with the following penalties:
  • Up to one year in county jail
  • A fine of up to $1,000
• Formerly licensed attorneys caught unlawfully practicing law can be prosecuted as either a misdemeanor or a felony.
  • Misdemeanor Penalties:
  • • Up to six months in county jail
  • Felony Penalties:
    • 16 months, 2 years, or 3 years in county jail
    • A fine of up to $10,000

HOW CAN I FIGHT CHARGES?

Several defenses can be raised against charges under BP 6125:

• Actions Did Not Constitute Practicing Law: The defendant’s actions did not meet the legal definition of practicing law. For example, providing general information or working under the supervision of a licensed attorney without directly offering legal services might not constitute practicing law.
• Lack of Knowledge of Inactive Status: The defendant did not know that their bar membership had been involuntarily placed on inactive status. This defense applies in cases where an attorney was unaware that their license had lapsed or been suspended.

IMMIGRATION CONSEQUENCES

For non-citizens, a conviction for the unlawful practice of law under BP 6125 can have serious immigration consequences. Crimes involving moral turpitude (CIMT) can affect immigration status, potentially leading to deportation or making an individual inadmissible to the United States. Since practicing law without a license may be considered a CIMT, it is crucial for non-citizens facing such charges to consult with an immigration attorney. If you do not have or know of an immigration lawyer, the Tabibnia Law Firm can refer you to one.

CAN A DEFENDANT GET A CONVICTION EXPUNGED?

Expungement is a legal process that allows individuals to have their criminal records cleared under certain conditions. In California, defendants convicted of misdemeanors or felonies under BP 6125 may be eligible for expungement if they meet specific criteria: Successful Completion of Probation: The defendant must have successfully completed probation, if probation was part of their sentence. No New Criminal Offenses: The defendant should not have committed any new criminal offenses during the probation period or afterward. Petition for Expungement: The defendant must file a petition for expungement with the court. Expungement can offer significant benefits, including improved employment prospects and relief from certain legal disabilities.

RELATED CRIMES

Several related crimes intersect with BP 6125, including:

• Business and Professions Code § 6126
• Penal Code § 487- Grand theft
• Penal Code § 118 – Perjury

SPEAK WITH CRIMINAL DEFENSE LAWYER FROM TABIBNIA LAW FIRM

If you or someone you know is facing charges under BP 6125, it’s crucial to seek the counsel of an experienced criminal defense attorney. Cyrus Tabibnia, a criminal defense lawyer at Tabibnia Law Firm, specializes in defending clients against such charges. With his expertise, he can navigate the complexities of the law, develop a robust defense strategy, and work towards the best possible outcome. Contact Cyrus Tabibnia today for a consultation and protect your rights and future. Call 866-713-2159 Legal References California Business and Professions Code 6125 BP California Code, Business and Professions Code – BPC § 6125 CA Bus & Prof Code § 6125 (2023)