How to Spot Scam Artists and Avoid Being Ripped Off: "Notarios" and Hucksters Engaging in the Unauthorized Practice of Law Expected to Come Out of the Woodwork in Anticipation of President Obama's Immigration Reform.

By #CoimbraLaw

Access to a lawyer is a staple of American justice. It is embedded in the United States Constitution via the Fifth Amendment and the Sixth Amendment. Lawyers undergo rigorous training in law school, study for and take a rigorous “bar” examination and, oftentimes, subsequently, go through apprenticeships (as associate attorneys, for example) to learn the practice of law "hands on." Unfortunately, there are “shady” characters, with no such legal education, training or credentialing, who take advantage of those unsophisticated consumers who may not be aware of their rights.  These characters will give the impression that they are authorized to legally represent people when, in reality, they do not have a license to practice law.  And, oftentimes, these unsophisticated consumers are coaxed into forking over large amounts of money to these characters, only to discover, to their chagrin, they have been deceived.   

Many of these hucksters prey on Spanish-speaking immigrants.  Known pejoratively as “notarios,” these hucksters, who often call themselves “paralegals” or some other title designed to give themselves legitimacy, will prey on the trust and confidence of immigrants claiming they can obtain legal residency or citizenship for them, when, in fact, they are legally incapable of doing any such thing. (This, of course, is no reflection on legitimate paralegals, who are a tremendous resource and very valuable to lawyers.  In fact, attorneys routinely employ (and supervise) paralegals to assist in their legal practice).

Unauthorized practice of law, or “UPL” for short, is not limited to immigration law.  And anyone, not just an immigrant, can be a victim. “UPL hucksters,” as I like to call them, perpetrate fraud in other fields as well, offering “legal services” in bankruptcy, personal injury, divorce cases, criminal defense, family law and more. 

Attorneys routinely end up having to clean up the mess left behind by these hucksters.  "I definitely see that all the time. Clients go to notarios to get loan modifications and bankruptcies and then they end up losing thousands of dollars and sometimes even their homes because there is no work done on their cases," says Attorney Cynthia Grande, who runs a Torrance-based bankruptcy and family law practice, The Grande Law Firm.

What Is the Unauthorized Practice Of Law (UPL)?

California law permits non-lawyers to help people with certain tasks, so long as they do not constitute legal assistance.  For example, they can translate documents, submit completed forms to government officials or agencies, or make referrals to attorneys.  The criminal behavior begins when non-lawyers provide legal assistance.  

Examples of unauthorized practice of law include, but are not limited to:

- Preparing legal instruments, such as contracts, wills or divorce papers;
- Give legal advice, provide input into another person’s legal decisions;
- Forming corporations without lawyer supervision;
- Provide bankruptcy services;
- Prepare and file legal motions without attorney supervision.

Unauthorized Practice of Law is a Crime in California

In California, it is a criminal offense (misdemeanor) to practice law without a license. Offenders can be punished by up to one year in the county jail and be liable for significant monetary penalties.  A lawyer who has been stripped of his or her license (disbarred) or whose license has been suspended can be guilty of a felony and be sentenced to state prison.  

Also, non-attorneys cannot pass themselves off as lawyers by way of their advertising (such as including “legal services” or “law office” in their business title, using the “scales of justice,” judge’s gavel or other symbols or logos commonly associated with lawyers or the practice of law).  They cannot even claim to be paralegals if they do not meet strict standards, such as working under the supervision of a licensed attorneys and having a paralegal certification.  

How to Spot and Avoid UPL Hucksters

UPL hucksters prey on people’s expectations, often promising utterly unrealistic results in order to cajole people to surrendering their money for their sham services.  Be weary of such sugar-coated representations.  Go to www.calbar.org and run the name of the individual if he or she is claiming to be an attorney.  A California-licensed attorney always has a Bar Number.  

Be extremely and particularly careful with immigration matters.  In the wake of President Obama’s proposed sweeping immigration reform, expect every UPL huckster, notario and fraudster to come out of the woodwork like an infestation of rats or termites.  With the widespread media at their disposal (such as Spanish language radio show advertisements or television infomercials), it is easy for UPL hucksters to cajole their way into earning the confidence of the community by using media to establish legitimacy. 

Prior to foraying into Criminal Defense and Civil Litigation, Attorney Lorgio Coimbra made his mark as an Immigration Attorney, representing clients nationwide, including in Southern California, Northern California, New York, Texas, Washington and Hawaii.  Pasadena Magazine awarded Attorney Lorgio Coimbra an Award for TOP ATTORNEY 2013 and 2014.  He is the winner of various other awards related to his skill as a legal thinker and writer.  He speaks fluent Spanish.  Our West Covina Immigration Lawyers at #CoimbraLaw can help you or your loved one with your immigrant visa petition, nonimmigrant visa petition or with deportation defense in West Covina, Covina, Azusa, Glendora, San Dimas, Diamond Bar, Chino Hills, Pasadena, Alhambra or anywhere in the San Gabriel Valley or in Southern California. Call us IMMEDIATELY if you have any questions about your case. Our TOLL FREE NUMBER is: 1-800-290-5055.

Disclaimer: Nothing in this article or any part of this blog is intended to constitute legal counsel or advice of any kind. No attorney-client relationship is ever formed by mere virtue of publication of this blog or it's contents and/or reader's perusal, reading or viewing of the blog or it's contents.