California Business and Professions Code § 6125 BP declares that only lawyers with active licenses from the State Bar of California may practice law in the state. The unauthorized practice of law can be a felony or a misdemeanor depending on the case.
The full text of the statute reads as follows:
Business and Professions Code 6125. No person shall practice law in California unless the person is an active licensee of the State Bar.
Legal Analysis
California Business and Professions Code 6125 BP states that it is unlawful to work as an attorney in the state without an active license from the California State Bar. This law applies both to non-attorneys who never held a bar license as well as to attorneys whose license has been suspended or revoked or has lapsed.1
Example: Jeffrey works as an attorney in Los Angeles even though his license has been suspended for not paying his bar dues. Max is a conman who holds himself out as a lawyer. Both Jeffrey and Max have violated BP 6125.
Non-lawyers who unlawfully practice law face misdemeanor charges carrying:
- Up to one year in county jail; and/or
- A fine of up to $1,000.
Formerly licensed attorneys caught unlawfully practicing law can be prosecuted for either a misdemeanor or a felony. The misdemeanor penalties include up to six months in jail. The felony penalties include:
- 16 months, 2 years, or 3 years in county jail; and/or
- A fine of up to $10,000.2
Potential defenses to California charges of the unlawful practice of law include that:
- Your actions did not meet the legal definition of practicing law; or
- You did not know you had been involuntarily placed on inactive bar membership status.
Under 6125 BP, only currently licensed attorneys may practice law in California.
Legal References