Unauthorized Practice of Law

Under D.C. Code § 47–2853.17, it is unlawful for any person to engage in the practice of law without being duly licensed or authorized to do so by the highest court in the jurisdiction, which is the D.C. Court of Appeals. The D.C. Court of Appeals also enforces this prohibition through its comprehensive Bar Rules and the authoritative decisions of the Committee on Unauthorized Practice. This dual framework ensures robust and consistent oversight against unlicensed legal activities across the entire district, providing clear guidelines for both practitioners and the general public. Compliance with this framework is mandatory for anyone involved in providing legal assistance within D.C.

The most frequent examples of this violation often involve non-attorneys overstepping their defined roles in an effort to provide legal services, usually for unwarranted financial gain.

• A non-attorney drafting legal documents such as wills, trusts, or complex contracts for a fee, claiming they can provide a service equivalent to that of a licensed lawyer. This activity lacks the necessary professional liability and ethical oversight.
• A suspended or disbarred lawyer continuing to represent clients or offer legal consultation, actively ignoring the disciplinary action taken against their license and failing to disclose their status.
• Attorneys licensed outside D.C. advising clients on D.C. law without securing the necessary temporary admission (pro hac vice) from the court, which is required to participate meaningfully in local proceedings.
• Paralegals or staff providing legal advice to clients under the guise of administrative support, crossing the strict ethical line between clerical help and substantive, case-specific guidance that only an attorney can provide.

The penalties for these offenses can range from professional disciplinary action for licensed attorneys who facilitate them, to serious criminal charges for non-lawyers.

• The D.C. Bar disciplinary system categorizes violations for licensed professionals into multiple sanctions, including Disbarment (permanent loss of license), Suspension (temporary removal of license), and formal Public or private censure.
• Monetary fines or referral for criminal prosecution can also be issued, especially when widespread fraud or repeat offenses are definitively involved, highlighting the seriousness of such practice.
• According to D.C. law, practicing law without a license may lead to up to "1 year in prison or a fine of up to $12,500, or both" for a misdemeanor offense.
• Furthermore, repeated or intentional violations, particularly those involving deceptive schemes, may constitute felony offenses under federal mail or wire fraud statutes, carrying even steeper penalties.
• Disbarred or suspended attorneys who continue engaging in UPL face significantly enhanced penalties, including the automatic denial of any application for reinstatement to the Bar, effectively prolonging their exclusion.

Licensed attorneys must strictly avoid actions that enable or facilitate UPL, and clients must take proactive steps to verify the credentials of those providing them with legal services.

• Case Example (Attorney Misconduct): In In re Mance, a D.C. attorney was publicly reprimanded for assisting a suspended Maryland lawyer in practicing law within the District. The attorney failed to prevent the unauthorized activity by the suspended colleague and was held accountable for complicity under Rule 5.5, illustrating that even indirect support is a serious ethical violation.
• Attorney Misconduct Examples: "Fee splitting" with non-lawyers in exchange for client referrals clearly violates Rule 5.4 of the D.C. Rules of Professional Conduct, compromising professional independence. Using intermediaries or “case brokers” to acquire clients can also lead to formal censure or suspension for the attorney involved.
• Compliance Tips for Clients: Always verify attorney credentials via the official District of Columbia Bar directory to confirm their active and good-standing license status. Clients should absolutely avoid engaging anyone who cannot readily provide a Bar number or a confirmation of their legal license. Never pay legal fees to non-attorneys, paralegals, or “consultants” without a formal, written retainer agreement signed directly by a licensed attorney. Be cautious of any promises of guaranteed results or insider access. Legal services should always be transparent, thoroughly documented, and strictly in line with D.C. professional standards to mitigate the substantial risk of encountering unlicensed legal services.