Individuals in California can only practice law if they are current, active members of the California State Bar. This means that individuals can be charged under California Business & Professions Code Section 6126(b): Practice of Law by an Inactive Member of the State Bar if they are suspended or disbarred and continue to practice law.
Simmrin Law Group can explain how California Business and Professions Code applies to your case. You can also go over other aspects of BPC 6126 and the results of a conviction for the unauthorized practice of law by an inactive member of the state bar. Call today to get personalized legal advice.
Practice of Law by an Inactive Member of the State Bar: Definition
Only current members of the California State Bar may offer legal services in the state.
According to BPC 6126(b), individuals may not practice law if they are:
- Disbarred from the State Bar
- Suspended members of the State Bar
- Is not an active licensee of the State Bar
- Any person who has been involuntarily enrolled as an inactive licensee of the State Bar
Additionally, individuals who were forced to resign due to pending criminal charges may not practice law. Finally, the state forbids individuals who were involuntarily enrolled as inactive members of the State Bar from practicing law in any way.
Note that California does not clearly define what “practicing law” entails in BPC 6126(b). However, court cases over the years have clarified the issue.
BPC 6126(b) charges can apply if an ineligible individual:
- Offers legal advice or counsel
- Develops a contract to secure legal rights
- Drafts legal contracts
- Sets up legal instruments
- Provides services tied to litigation or court cases
Illustrative Examples
Person A was a licensed attorney in good standing with the State Bar for many years. However, after being disbarred for a serious violation, they chose to continue representing clients despite losing their legal status. As a result, they could face criminal charges for unlawfully practicing law as a disbarred or inactive member of the State Bar.
Person B was involuntarily enrolled as an inactive member of the State Bar after his drug addiction was discovered. They were not aware of this change to their membership status and continued to practice law. They could avoid a BPC 6126(b) conviction because they were not aware that they were an inactive member of the State Bar.
Results of a BPC 6126(b) Conviction in California
If someone has lost their legal ability to practice law in California, they are not allowed to continue practicing law or even claim they can practice law while on an inactive status.
The penalties for the unauthorized practice of law crime include:
- Imprisonment under California Penal Code §1170(h) (which may include county jail time or mandatory supervision), or
- Up to six months in a county jail
The penalty is the same whether the person was suspended, disbarred, resigned with charges pending, or made inactive. As long as they continue to present themselves as attorneys and engage in the unauthorized practice of law, they are breaking the law.
Additionally, if a person was made inactive specifically under Section 6007(e)(1) (usually due to mental health or public safety concerns) and knowingly continues to act or advertise as a lawyer, they face the same penalties.
The court will sometimes sentence an individual to probation instead of jail time. During the probationary period, an individual must obey all regulations set down by the court. Failure to adhere to court-mandated guidelines can result in a probation violation, which can be treated as another criminal charge.
Misdemeanor or a Felony
If a non-licensed attorney practices law, tries to practice law, or advertises themselves as a lawyer, they are committing a crime punishable under BPC 6126. They may be faced with misdemeanor or felony charges.
An individual’s criminal history and the details of the current charges can influence whether a BPC 6126(b) violation is pursued as a misdemeanor or a felony.
Probation
Probation is available for both felony and misdemeanor BP 6126(b) cases (provided there are no other offenses or enhancements that would prevent probation).
Probation is a court-ordered period of supervision over an offender. Instead of serving time in jail or prison, it allows individuals convicted of a crime to live in the community under certain conditions but under the supervision of a probation officer.
The decision to offer probation, either by the District Attorney or the court, depends on various factors, such as the defendant’s criminal history and the specifics of the case.
Common Defenses to Practice of Law by an Inactive Member of the State Bar
If you are charged with a crime punishable by imprisonment, seek immediate legal assistance. There are legal defenses that can be used to handle a BPC 6126(b) charge. You can get help reviewing possible defenses for your case by contacting a criminal defense lawyer in Los Angeles right now.
You Didn’t Know You Couldn’t Practice Law
In some cases, non-licensed attorneys may avoid charges if they were unaware of their ineligibility to practice law. This only applies if you were involuntarily made an inactive bar member.
This defense does not apply if an individual is disbarred, for example. However, if you were unaware that you had been placed on inactive status, you could avoid a BPC 6126(b) conviction. Your attorney can look into your bar member status.
You Weren’t Practicing Law
As we mentioned, California does not offer a highly specific definition of “practicing law.” However, some cases of unauthorized practice of law are obvious if they involve acts traditionally associated with the practice of law, like representing a client in court.
In some situations, a criminal defense attorney may be able to show that you were not actually practicing law as an inactive member of the State Bar.
California Business & Professions Code Section 6126(a)
BPC 6126 deals not only with the unauthorized practice of law by inactive members of the State Bar. In fact, California Business & Professions Code Section 6126(a) can be used to prosecute non-lawyers who attempt to offer legal services in California.
Any person advertising themselves as a lawyer, claiming to be able to practice law, or actually practicing law without being an active member of the State Bar is committing the offense of practicing law without a license.
If the court decides to impose only a fine or a jail sentence of less than 90 days for a second or subsequent conviction under this section, it must explain its sentencing choice on the record.
Non-lawyers generally face a lesser sentence for a conviction under BPC 6126. Both acts can be considered white collar crimes. Convictions under either BPC 6126(a) or BPC 6126(b) can have harsh repercussions, including spending time in county jail.
Get Help Handling BPC 6126(b) Charges
California Business & Professions Code Section 6126(b): Practice of Law by an Inactive Member of the State Bar charges can lead to harsh penalties. The criminal defense lawyers at the Simmrin Law Group can help you prepare to face a BPC 6126(b) accusation.
If you were accused of the unauthorized practice of law, this is a crime punishable by imprisonment. Get immediate legal representation. Contact us now for a case evaluation of your situation. You can speak with a legal professional today by calling us or filling out our online contact form.