The Illegal Practice Of Law: What It Is and What You Can and Cannot Do

As a Decatur Attorney, the Illegal Practice of Law Is Worrisome

It sounds like an oxymoron: the illegal practice of the law. But believe it or not, it’s a real thing.

The illegal practice of law happens most often, when someone asks a person who is not an attorney for legal advice.

For instance, someone might ask a court clerk for help with their legal pleading. Or they may ask a friend for their opinion about something regarding a legal proceeding. And then they follow that ill-begotten advice. That is what is known as the illegal practice of law or “unauthorized practice of law” (UPL).

While the exact definition of UPL varies slightly by state, it generally includes offering legal advice, representing others in court, and preparing legal documents for someone else in a professional capacity when not a licensed attorney in the state where the services are provided.

In Georgia, only a licensed attorney – such as the licensed Decatur attorneys you find in our firm – can act a legal advisor, offering legal services.

This unintended illegal act happens in many areas of law. I’ve seen it in family law in divorce and child support circumstances. Also, in minor criminal cases such as traffic violations or shoplifting charges. In addition, I have seen it the area of decedent estates in Probate.

The most common areas of confusion involve interactions with court clerks. This typically happens when someone representing themselves in legal matters—also known as pro se litigants— turn to court staff for guidance.

Court clerks are strictly prohibited from giving legal advice. Their role is limited to administrative support, such as providing forms, answering questions about court procedures, or explaining where and when to file documents. Asking a court clerk, “What should I write in this section?” or “Do I have a good case?” crosses the line. If a clerk were to answer such questions, they could be accused of engaging in the unauthorized practice of law. Further, note that a licensed attorney giving legal advice in a state where they are not licensed is also the unauthorized practice of law.

Don’t Ask A Friend For Help

Helping a friend or family member with legal pleadings is another gray area where people often unintentionally violate the law. It’s understandable to want to assist a loved one. However, non-lawyers are legally not allowed to draft or revise legal documents on behalf of someone else. Specifically, this becomes even more egregious if those documents are to be submitted to a court. You can ask a friend to type or proofread a document. But letting them insert legal language, choose what claims to assert, or give advice about what to say or file, constitutes UPL. This is true unless that person is a licensed attorney in your state.

Intent Doesn’t Matter

Your intentions might be innocent when you ask a question of a court clerk or a friend. In the realm of UPL, intent doesn’t matter. It also doesn’t matter if the person you asked was not paid for their advice. In fact, if you did pay them, that could make matters worse.

UPL is illegal no matter your intent. The law exists to protect the public from receiving poor or misleading legal guidance from unqualified individuals. The consequences for violating UPL laws can be serious. They include civil penalties, criminal charges, and contempt of court. In some cases, documents filed with the help of someone committing UPL can be invalidated.

Always Consult A Licensed Attorney Like Our Decatur Attorneys In Our Office

The safest course of action when any legal help is needed is to consult a licensed attorney. Many states offer free or low-cost legal aid services for people who cannot afford representation. For those representing themselves, most courts now provide self-help centers or online resources designed specifically for pro se litigants, which can offer reliable guidance within legal limits.

In complicated situations, like estate and asset protection, it is imperative to work with an experienced attorney. Legal issues are not in the do-it-yourself (DIY) category. Always seek counsel. If you are ready to establish an estate plan or need a current plan review, give my office a call today at (470) 235-7865.

Looking to find an experienced estate lawyer in the Georgia area who is skilled in asset protection and estate plan preparation? Shannon Pawley is an attorney in Georgia with expertise in estate planning and asset protection. Shannon can provide assistance with creating an estate plan to include making a will and how to establish a trust properly. If you have questions about asset protection or questions about making an estate plan, reach out to Shannon and she will be glad to help answer all the estate planning questions you might have!

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