The following was just sent to me by an associate who was perusing craigslist. It is reprinted here verbatim from the Tampa Bay Legal services section. There was no contact information at all, not even a scrambled address. I would say it was not by any means posted by the Florida Bar UPL Committee, can you see why? Intimidation? Threats? Misinformation? Disinformation? Yes, yes, yes, and yes. Please comment.
Unauthorized Practice of Law
Date: 2012-04-27, 10:07AM
If you advertise for legal services, including legal document preparation, you are practicing law without a license.
Engaging in the unlicensed practice of law is also a misdemeanor in Florida. Criminal complaints alleging the unauthorized practice of law ("UPL") are handled by the State Attorney's Office. The penalties include a fine and/or a jail sentence. Additionally, if a notary public is found to be engaging in the unauthorized practice of law, the Governor may suspend that notary from office by executive order. Paralegals cannot help a customer directly and may only work under the supervision of a licensed attorney.
Exactly what services can you provide without engaging in the unlicensed practice of law? Generally speaking, a nonlawyer may only sell legal forms and then type those forms which have been completed in writing by the customer. As an example, you could sell a will form to an individual. The customer would have to fill in the blanks for the factual information customizing the will to his or her own needs. You can have no oral communication with the customer regarding how the form should be completed, and you may not correct mistakes. You may simply type the information written down by the customer.
Craigslist has been notified of the number of posting advertising such services in violation of Florida law and has agreed to forward the names and contact information of violators to the appropriate county's State Attorney's Office.
Please, if you are not an attorney, do not advertise legal services - on Craigslist or anywhere else. You may be risking a jail sentence.
Location: Florida
it's NOT ok to contact this poster with services or other commercial interests
Original URL: http://tampa.craigslist.org/hil/lgs/2982160742.html
How odd that the posting on Craig's list, re: what constitutes UPL, was posted just after my hearing on 4/27 when Judge Haworth ruled I have to give the bar four months of customers' typing jobs. My hearing was at 9:00 a.m. on 4/27, Weird! But wouldn't it be nice if the complaints went to the "state attys ofc," as the posting erroneously states, I would much rather prefer that. It also states UPL is a "misdemeanor" while it is actually a "third degree felony." Also, certain "corrections" are permitted per statute. Too many inconsistencies to be posted by a member of the bar's UPL committee, must have been posted by a lawyer.
ReplyDeleteSort of tells the quality of the information when the writer doesn't have the courage to post his or her name. If somebody is telling the truth, why hide?
ReplyDeleteJeh,
ReplyDeleteI know who anonymous is. Anonymous has an open case, allegation of UPL which was initiated by the Florida Bar. It might be the best path for anonymous to do exactly what he did, and remain anonymous until the case is disposed of.
And, Jeh, thank you for your comment.
Best Regards,
Ruth Tick