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The unauthorized practice of law is someone who performs legal services, creates legal documents, or offers legal advice who is unlicensed, disbarred, or has no bar admission that authorizes them to be able to do so.
Misdemeanor: A first-degree misdemeanor for practicing without a license in Florida can lead to penalties of up to $1,000 in fines and up to one year in jail. Third-Degree Felony: A felony charge could result in up to $5,000 in fines and up to 5 years in state prison.
How do you avoid UPL? Initiate a lawyer-client relationship. Provide legal advice. Any legal papers or pleadings on behalf of the client can only be signed by a lawyer. Carry out legal proceedings in a court of law. Charge a fee for these legal services.
The Florida Bar cases are civil in nature. Engaging in the unlicensed practice of law in Florida is also a crime. It is a third degree felony.
Penalties and Punishment As such, a conviction for a first-time offender can land you in prison for up to four years or on probation while also requiring you to pay fines, restitution and be subject to other conditions imposed by the court.