When you hire an attorney, you deserve to know that the person representing you is properly licensed, in good standing, and committed to following ethical and professional standards. Unfortunately, there are individuals who may misrepresent themselves or engage in the practice of law without the proper credentials. This email will help you understand how to verify an attorney's license, recognize the unauthorized practice of law (UPL), and avoid risks associated with suspended or disbarred attorneys who claim to be paralegals.

1. Verifying Your Attorney's License
Before you hire—or continue working with—any attorney, it's wise to confirm that they are actively licensed and in good standing. Here's how:
• Check with the State Bar of California:
Visit the State Bar of California's website and use the attorney search feature. You can also call the State Bar's Attorney Complaint Hotline at 1-800-843-9053 to verify the attorney's status.
• Out-of-State Attorneys Practicing in California:
Some attorneys licensed in another state are allowed to practice certain types of federal law (e.g., immigration) in California. If your attorney claims to be licensed in another state, ask for their bar license number and state of licensure. Then, look up their status using that state's attorney directory. A national listing of state directories can help you find the right database.

2. Understanding the Unauthorized Practice of Law (UPL)
The practice of law is limited to individuals who have met the educational, ethical, and licensing requirements to become attorneys. When someone who is not licensed provides legal advice, represents you in court, or performs legal services that should be handled by an attorney, this is considered the “unauthorized practice of law.” UPL is a crime in California.

Non-attorney professionals—like immigration consultants or legal document preparers—can assist with clerical tasks, such as filling out forms under your direction or translating documents. However, they cannot:
• Offer legal advice or tell you which forms to use.
• Represent you in court or before government agencies as your attorney.

If someone who is not licensed attempts these activities, they are engaging in UPL.

3. Suspended or Disbarred Attorneys Posing as Paralegals
Suspended or disbarred attorneys are no longer allowed to practice law. Some may try to continue offering legal services by advertising as paralegals. While there is nothing inherently wrong with working in a support role, it's crucial to be aware of the following:
• Qualifications for Paralegals:
In California, paralegals must meet certain educational and continuing education requirements and must work under the direct supervision of a licensed attorney. They cannot work independently or provide legal advice to the public.
• Red Flags:
If a suspended or disbarred attorney offers services directly to you, claiming to be a paralegal, you should be cautious. They may be improperly practicing law without a license. This could put your legal matters at risk, as they may not follow ethical rules, meet important deadlines, or have the oversight and accountability that licensed attorneys must maintain.

What to Do If You Suspect a Problem
If you think someone may be engaging in UPL or misrepresenting their qualifications, you can:
• File a Complaint with the State Bar of California:
Filing a complaint is free, and you do not need to be a U.S. citizen. The State Bar does not track immigration status. Your complaint may help prevent others from being harmed.
• Report Misconduct:
The State Bar works closely with law enforcement agencies. Your complaint could lead to an investigation and potential prosecution of individuals who violate the law.

Additional Resources:
• How to avoid fraud by immigration consultants
• Multilingual online complaint form
• Cease and Desist Notices

By taking the time to verify your attorney's credentials, understanding what constitutes the unauthorized practice of law, and recognizing red flags associated with non-licensed individuals and suspended attorneys, you protect yourself and your legal interests. Staying informed is your best defense against fraud and misconduct.

If you have any questions or need more information, please feel free to reach out at (530) 601-3311.