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An app that connected traffic-ticket defendants with lawyers was engaged in the unauthorized practice of law, the Florida Supreme Court ruled Thursday in a 4-3 decision. Read the article at the ABA Journal.
On September 9, 2019, Illinois lawyer Charlene Marsh was found guilty of indirect criminal contempt for engaging in the unauthorized practice of law by holding herself out as a lawyer and preparing pleadings in federal court on behalf of a pro se litigant. Ms. Marsh charged the client approximately $23,000 for 68 hours of legal research and document preparation. Ms. Marsh was ordered to pay $23,000 in restitution, $500 in court costs, sentenced to two years’ probation, and permanently enjoined from engaging in any further acts of the unauthorized practice of law. The case is ARDC v. Charlene Marsh, No. 17 MC1-600052 (September 9, 2019)
On May 2, 2019, Illinois lawyer Charles A. Connor was held in minor indirect criminal contempt of court by the Circuit Court of Cook County for engaging in the unauthorized practice of law. Mr. Connor, a disbarred lawyer, was prosecuted by the ARDC for appearing in court on several occasions on two separate matters after his disbarment in 2011. In those matters he held himself out as a lawyer and being able to practice law. Mr. Connor had also been convicted of the unauthorized practice of law in 2014. Among other relief, the Circuit Court permanently enjoined Mr. Connor from engaging in any further acts of the unauthorized practice of law and sentenced him to one year of probation but with the first 90 days to be served in the Cook County Department of Corrections. The case is ARDC v. Charles A. Connor, Cook County No. 16 MC1-600091 (May 2, 2019)
In an Agreed Final Order, nonlawyer Gilbert Arreola was found guilty of minor indirect criminal contempt for engaging in the unauthorized practice of law in three separate immigration matters. Mr. Arreola was ordered to pay approximately $24,000 in restitution, $500 in court costs, and sentenced to one year of probation. ARDC v. Gilbert Arreola, Cook County No. 18 MC1-600061 (September 17, 2018).
In an Agreed Final Order, nonlawyer Louis Fasullo was found guilty of minor indirect criminal contempt for engaging in the unauthorized practice of law in two separate matters. Mr. Fasullo was ordered to pay $500 in court costs, sentenced to one year of probation, and seven days incarceration (with a credit for time served). ARDC v. Louis Fasullo, Cook County No. 17 MC1-600102 (August 22, 2018).
In an Agreed Final Order, nonlawyer William Bowen was found guilty of minor indirect criminal contempt for engaging in the unauthorized practice of law by providing dissolution of marriage services including preparation of a petition for dissolution of marriage. Mr. Bowen was fined $500, and sentenced to six months of probation. ARDC v. William Bowen, Cook County No. 17 MC1-600179 (January 24, 2018).
In this Agreed Final Order, Ms. Kadan was found guilty of minor indirect criminal contempt for engaging in the unauthorized practice of law in six separate court proceedings. Ms. Kadan was ordered to pay approximately $16,000 in restitution, $500 in court costs, and sentenced to four years of probation. ARDC v. Kristina Kadan, Cook County No. 16 MC1-600066 (December 19, 2017).
In this Consent Order, Ms. Rau, an inactive Illinois lawyer, was held in indirect criminal contempt for appearing in court and holding herself out as a licensed lawyer. Ms. Rau subsequently reactivated her Illinois law license and was ordered to make a $1,000 donation to the Land of Lincoln Legal Aid Foundation. In re the Guardianship of Rau, St. Clair County No. 07-P-53 (October 26, 2017).
In this Order on the ARDC’s Motion for Summary Judgment, Ms. Akinlemibola was found guilty of contempt of court for engaging in the unauthorized practice of law, including by holding herself out to the public via a website that she was authorized to provide legal services. Ms. Akinlemibola was ordered to pay $5,000 to the Illinois Equal Justice Foundation. ARDC v. Grace Akinlemibola, Cook County No. 17 MC1-600006 (August 31, 2017).
Chicago area immigration attorneys have reportedly seen an uptick in both demand for their services and immigration scams (http://bit.ly/2pw699g). Illinois Attorney General Lisa Madigan issued a press release warning immigrant communities about potential fraud (http://bit.ly/2qzEDev). Her office recently sued southwest suburb-based Norma Bonilla, who is accused of immigration fraud (http://cbsloc.al/2r18JYe). Bonilla has allegedly defrauded at least four people who were seeking immigration law services. Bonilla is not an attorney.
How do people fall prey to these scams? In some cases, their misunderstanding based on the legal conventions of their native cultures may lead them to fall victim to the unauthorized practice of law.
In some countries, for example, notaries ("notarios") are authorized to provide some basic legal services, while in the U.S. they are merely authorized to witness signatures. As such, it is understandable that some immigrants may assume that a notary can assist them with legal services, including immigration services. According to an FAQ published by the ISBA Task Force on Unauthorized Practice of Law, in addition to licensed attorneys, not-for-profit entities registered with the Board of Immigration Appeals can provide immigration law services (http://bit.ly/2ps85mA).