In Florida - UPL is a Felony

As of 2004, a charge or conviction for the unauthorized practice of law became a felony. This change sneaked up on many legal document preparers too busy trying to make an honest living to take notice of the Florida Bar's shenanigans. Before the charge was ratcheted up it was a misdemeanor and carried a maximum $1,000. fine. Now, as a felony, the fine is up to $5000.
An article posted on the Florida Bar's website, back in 2004, when this change came about, titled, “UPL now Buys A Felony Charge”, gleefully states: “

“The new law will not mean any changes in the Bar’s UPL or disciplinary operations. The UPL Department will continue to seek cease and desist agreements and Supreme Court injunctions against unlicensed practitioners, and indirect criminal contempt citations for those who violate the injunctions. Lori Holcomb, Bar UPL counsel, said the office also will continue its practice of referring the more egregious cases to state attorneys for prosecution.”

And, stated later in that same article:

“The legislation came about after a meeting in the fall of 1982 between the House Judiciary Committee and immediate past Bar President Miles McGrane, who was then president-elect. Representatives said they had heard complaints from constituents that nonlawyers were charging hefty fees for legal matters, frequently in immigration matters, and they were doing little or no work.”

I suppose that attorneys were resentful that “nonlawyers were charging hefty fees for legal matters, … and they were doing little or no work.” After all, it is the attorneys place to do just that.
A felony on your record can damage your life. In Florida, a criminal charge with no conviction shows up in a background check with the same frequency as a conviction. A felony charge with no conviction is enough to be prohibited from working in many types of employment. Following is a partial list of jobs affected by a felony conviction or plea of no contest:

Private Security
Private Investigator
Repossession Services
Notary Public
Labor Union Business Agent
Horse Racing, Dog Racing, or Jai Alai Fronton Permit Holders and Employees
License and permits for explosive users, manufacturers, distributors, and dealers
Permit for ether distribution, manufacture, purchase,or dealing
Pest Control Operator License
Paramedic
Nurse
Acupuncture License
Anesthesiology Assistant
Athletic Trainer
Certified Social Worker
Chiropractic
Clinical Social Worker
Dentistry
Dietetics and Nutrition License
Electrolysis License
Medical License
Mental Health Counselor
Midwife
Pharmacist
Physical Therapist
Physician Assistant

There are many more types of jobs affected by a felony charge or conviction, and even though many of the rules for each state that a conviction is a prohibition for employment, a charge alone will often prevent someone from being hired or issued a license. It doesn't seem right or even reasonable, but ask anyone who has been charged with a felony and adjudication was withheld. Even though there was no conviction, and no plea of nolo contendre, more often than not, that person will still be denied a job based on failing a background check.
So now that we have established how difficult it is to find work or acquire a license for people charged with or convicted of felonies, exactly what types of crimes are also third degree felonies? Since UPL is considered a felony of the third degree, what other crimes are ranked the same? Ready? Here's the short list:

Grand Theft
Grand Theft Auto
Cocaine Possession
Possession of a Controlled Substance
Burglary of an Occupied Structure
Marijuana – Sales, Delivery, or Manufacture
Uttering a Forged Instrument
Child Neglect

This list is by no means exhaustive. There are many many more third degree felonies that this. The short list is there to give you the idea of how UPL is classified. There are levels and a point system for felonies, in addition to the degree of felony. I could not find the specific crime of the unauthorized practice of law anywhere; and I'm not sure without further research whether UPL is a level one third degree felony or a level six.

As far as I can find, the following is the only Florida Statute that specifically addresses the unauthorized practice of law:

454.23 Penalties.—Any person not licensed or otherwise authorized to practice law in this state who practices law in this state or holds himself or herself out to the public as qualified to practice law in this state, or who willfully pretends to be, or willfully takes or uses any name, title, addition, or description implying that he or she is qualified, or recognized by law as qualified, to practice law in this state, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

By now, you may be saying to yourself, that this is fascinating information … but. What is the point? Fish or cut bait. I gave you the background to drive the point home, to make sure that you know, how threatening we are. UPL laws are written for other reasons than to keep us in our place, maybe. UPL laws are also written to keep unethical actors from pretending to be attorneys when they're not. True enough, but we have fraud laws for that, which have much more teeth than this. If I were a state's attorney and received a referral for prosecution of someone posing as an attorney and taking people's money for under false pretenses, I would prosecute for fraud, not UPL.
So never doubt that UPL laws are directed at us. We are the threat. After all, people other than lawyers cannot be allowed to go around charging hefty fees and doing little or no work. Whose job is that?

Socialism? ... Be Careful What You Wish For.

In response to my last post about the Occupy Wall Street Gang, a friend wrote me the following email with permission to post and give her credit (as credit is due):

I am originally from the Ukraine.

In reference to communism v.s, capitalism I can tell you from my first hand experience about living in the USSR. We left out of there more than 30 years ago like a "bat out of hell". I can tell you that it was no different than the system we are heading to with this administration. I stood in lines for food and other necessities with my parents, lived in a one room small communal apartment with mom, dad and great-grandma who watched me after school while my parents worked. I was subjected to constant communist propaganda and got into trouble in school once because I made an innocent childish comment about Lenin. My parents were called into the school director's office and chastised for poor communist parenting skills. My parents were not party members, they chose not to be, and they wanted to follow their Jewish culture that was brutally oppressed by the regime. We had no shower and a communal kitchen for our family and four other neighbors. There was one stove, one sink, and one bathroom, which led to constant arguments.

As for education and medical care, yes, we had excellent schools and universities that were free, but the preference was once again given to upper echelon members of the communist party -- and nepotism was rampant. Yes, we had free medical care with amazing doctors, most of them women who were paid barely enough to live on. Our hospitals were decrepit, and lacked equipment and medicine. Family members had to provide the necessities for patients. I remember having a tonsillectomy without anesthesia while my mom held me down and the doctor did his thing, with a bucket in front of me to catch the blood. We had excellent free dental care, doctors made house calls. But, everyday we had to carefully watch what we said. My parents could get fired if they opposed the government or refused to attend a rally. Members of the communist party could get away with a lot, and had many privileges. I want to remind everyone to remember to never forget Stalin, Khruschev and the gang.

Those are my memories of communist/socialist state. It was a real life dystopia.  The memories of my childhood and my city are much more pleasant if I take away the "system" aspect.

by Ella Jou

So what did you do with the money?

Years ago, I embraced communism as the best of all possible systems. To each according to his needs – from each according to his abilities. It sounds so fair and good. If I could not do for myself, then a benevolent government would step in and provide for me. If I needed housing, healthcare, or food, the government would happily hand it out. In turn, once I was able I could do good works and pay back so that others in need could be helped. That was years ago, I grew out of that magical mindset. Read George Orwell's “Animal Farm” and you'll see why I turned my back on communism.

I fervently embrace capitalism now as the best system ever created. The United States is still the greatest country in the world. The Occupy Wall Street (OWS) protests remind me of the seventies – not the sixties, the seventies. The sixties were all about focused political protests against the U.S. involvement in the Vietnam War. In the seventies the movements of the sixties split into two factions – back to nature and disco dancing. The seventies was the after party that carried on for a decade. The protests that were still going on were heavily infiltrated by drug addicts, criminals, and hard core partiers. Remember the Manson family? The chains of events that began in the sixties ended in the seventies. But, in this Occupy Wall Street system of protests it seems to me that the important events are non-events. Nothing noteworthy has happened.

I'm personally pleased that most of the big banks have backed off on their proposed debit card fees. So far, Bank of America, Regions, Chase, and Wells Fargo have decided against charging customers a fee for using their debit card. I'm happy about that, I was going to close my account. I'm happy to save $5. a month. But, come on, isn't all this a whole lot of hoopla for such meager results?

The OWS favorite slogan is: We are the 99%. Meaning that the 1% controls the wealth of this country. I don't doubt it. They [the OWS protesters] pride themselves on having no leadership. They have even named their lack of leadership, calling it a a “horizontal system” and call themselves the “horizontals”. I can't imagine that lack of leadership can really be a good thing. It sounds good, more or less like my own fascination with socialism when I was in high school. Sounds good, but as a practical matter – no thank you. Human nature gets in the way. Prior to Hitler taking control, Germany was leaderless.

I can understand that people are angry. Angry at the world, these are tough times. People have lost their jobs, lost their homes, they can't find new jobs, its impossible to get a bank loan – people feel stuck. The economy is miserable. Unemployment is 9-14% depending on who you listen to. Foreclosures continue. People feel that they have been taken advantage of by corporate America -- not given a fair chance. They want to redistribute the wealth. They want their fair share, an even break. I am somewhat sympathetic.

I agree that the blame for the state of the current economy rests firmly on the backs of the powerful. The burden of blame is shared by the public and private sectors. The public sector for allowing the ridiculous combination of regulation and deregulation; and the private sector for finding and using every advantage possible against a [mostly] unsuspecting citizenry. The government deregulated the mortgage industry to make themselves seem wise and add to their popularity; and the private sector [wall street traders, mortgage bankers, and realtors] ran with it.

The public is not off scot free, some were, for real and truly, so naïve as to be duped into believing that the modest house they owned, bought, or were buying was really worth the price of a mansion. Tulipmania. Some other citizens, now singing the blues, took full advantage of the free wheeling nearly punch drunk money machines, formerly known as their homes. And when the money machine went tilt, they began to scream with the rest of them. And, yes many others, are at neither extreme, and were just caught up in this dismal economy one way or another, and now protest, hoping someone in power will listen.

I'm not convinced that the protesters are aware of history. The masks they wear are of Guy Fawkes, who, in 1605, was hanged for treason for plotting to blow up the British Parliament. November 5 is celebrated as Guy Fawkes Day to celebrate his death – not his life or accomplishments.

Remember, remember, the 5th of November
The Gunpowder Treason and plot;
I see of no reason why Gunpowder Treason
Should ever be forgot.

Guy Fawkes, Guy Fawkes,
'Twas his intent.
To blow up the King and the Parliament.
Three score barrels of powder below.
Poor old England to overthrow.



I don't know why the OWS would want to identify themselves or their cause with Guy Fawkes.

The OWS is making serious tactical errors. If they want their way, if they want to reach their goals, they need to make their demands known soon, very soon. They have attracted the world's attention – now what?

“Power concedes nothing without a demand. It never did and it never will. Find out just what any people will quietly submit to and you have found out the exact measure of injustice and wrong which will be imposed upon them, and these will continue till they are resisted with either words or blows, or both. The limits of tyrants are prescribed by the endurance of those whom they oppress.” Frederick Douglass

If the OWS waits much longer before making their demands, the world will stop listening. We will grow bored with their antics and find another media frenzy to follow on the world stage.

According to their own report, the OWS, has collected over $500,000. in donations to their cause. My biggest questions is how are they spending the money? To benefit the few, – or to benefit the many?