Practicing Law Without a License

The practice of law is a highly regulated profession because states must protect consumers' rights and preserve the integrity of our nation's legal system. All states require that anyone wishing to practice law obtain a license. Without such a license, anyone practicing law in most states commits a crime.

What Does It Mean to Practice Law?

Each state has its own definition of what it means to practice law, though these definitions involve the same general type of activities. A person practices law whenever they attempt to:

• draft and prepare legal documents.
• represent someone in or out of court on legal matters
• give legal advice, or
• perform other legal services.

Practicing law can also consist of advertising or holding yourself out an as attorney.

Who Needs a Law License?

A person who wants to practice law by engaging in any of the above-mentioned activities must first obtain a license. That license will come from the state or federal bar upon approval of the person's license application.

For a person to practice law, most states require the individual to have a law degree, pass a bar examination and multistate professional responsibility examination (MPRE), be of good moral character, and take the oath of office. A few exceptions to this list exist, so it's important to look at your jurisdiction's specific requirements. For example, Wisconsin doesn't require a person who attended one of its two law schools to take the bar and MPRE exams to practice law in the state. California doesn't mandate law school enrollment and graduation for certain people.

What Is the Unauthorized Practice of Law?

A person is guilty of the unauthorized practice of law (sometimes called "UPL") when they practice law where they are not admitted. Below are examples of unauthorized practice of law.

Laypersons

In today's society where we are inundated with legal thrillers all over our television screens, it's easy for a person to think they have some sort of legal expertise garnered by hours and hours of binge watching the latest legal drama. Unfortunately, television scripts are far from accurate, and divulging legal advice, even in casual conversations, can lead to the unauthorized practice of law—especially if someone relies on it, resulting in great detriment to themselves. Fortunately, this scenario doesn't play out often, as most folks give this legal advice to friends and family in jest.

Attorneys With Suspended or Revoked Licenses

A far more prevalent scenario plays out when a lawyer whose license has been suspended or revoked continues to practice law. An attorney who's been disbarred is no longer allowed to practice law of any kind in the disbarring jurisdiction. Even if their license is only suspended for a brief time, any activity involved in the practice of law is unauthorized. It's important to note that a disbarred attorney may continue to work in the legal field as a paralegal or document preparer.

Attorneys Practicing in Another State

An attorney may only practice law in the jurisdictions in which they are authorized. Any time an attorney moves states or crosses the border, they need to get a law license to practice there or get permission from the court to represent a client in a particular case (called pro hac vice).

Professional Overreach

Attorneys aren't the only professionals who engage in the unauthorized practice of law. Professionals, such as real estate agents, bankers, paralegals, and accountants, can easily find themselves crossing the line into the unauthorized practice of law territory. Many states allow non-attorneys to aid litigants in preparing legal documents. But, in such situations, the legal consultant cannot advise which forms need to be completed or provide any legal advice to the applicants. Immigration is an area of law where legal consultants do much of their work.

Exemptions for Self-Represented Persons and Supervised Law Students

All states have exceptions to their UPL regulations. For example, all states exempt individuals and entities from needing law licenses to represent themselves. These "pro se" or "pro per" litigants, as they are commonly called, can file legal documents and go to court in their own matters without the help of a lawyer. (They cannot represent others though.)

Additionally, law students or recent law school graduates can practice law under the supervision and guidance of a lawyer in good standing with the bar.

What Are the Penalties for Practicing Law Without a License?

Penalties for practicing law without a license vary by state and can include criminal, civil, and administrative penalties.

Criminal Penalties for UPL

Most states make it a crime to practice law without a license. A person in Florida who engages in the unauthorized practice of law commits a felony of the third degree and faces up to five years in prison and a $5,000 fine. California law makes it a misdemeanor for a person to advertise or hold themselves out as a practicing lawyer without being an active licensee of the state bar. Such an offense is punishable by up to one year in jail and a $1,000 fine.

Repeat offenders face harsher penalties, as do violators in cases where the victim was substantially harmed.

Civil Penalties and Lawsuits for UPL

In addition to criminal penalties, state law generally authorizes civil penalties for unauthorized practice of law violations, as well as injunctive remedies. Civil penalties usually accrue on a per-violation basis and, most notably, include substantial fines.

A person who engages in the practice of law without a license also may face civil lawsuits. The plaintiff in such a lawsuit can file for injunctive relief or a cease-and-desist order, in addition to monetary compensation. These forms of temporary relief prevent a defendant from continuing to engage in the unauthorized behavior during the pendency of the action. If an offender continues the proscribed conduct, they risk being found in contempt of court, which carries additional penalties.

Administrative Penalties for UPL

Each jurisdiction has their own administrative board that oversees professional licensure. A lawyer who engages in the practice of law without a valid license to do so faces significant administrative penalties from the jurisdiction's state or federal bar's ethics committees. Oftentimes, courts will turn over the prosecution of these offenses to that board. Penalties can include private or public admonishment, substantial fines, restitution, prolonged suspension, and, ultimately, permanent disbarment.

(Cal. Bus. & Prof. Code §§ 6126, 6126.3; Fla. Stat. §§ 454.23, 775.082, 775.083 (2025).)

Have Questions About the Unauthorized Practice of Law?

Criminal charges for practicing law without a license can incur serious fines and substantial incarceration, as well as significant civil and administrative penalties, including the loss of your professional license. Anytime you face a criminal investigation or charges, consult a local criminal defense attorney.

If you're a victim of the unauthorized practice of law, contact your local law enforcement agency or state bar or professional responsibility board to learn about remedies available to you.