Unauthorized practice of law: beware of unlicensed notarios and paralegals

THIS July, the State Bar of California reported that it obtained an interim court order to assist an estimated 2,000 clients who had paid for legal advice from a Los Angeles immigration practice operating without proper authority.

According to the State Bar report, the Los Angeles County Superior Court interim order which was signed on July 6, 2017, allowed the State Bar to seize client files and other records of the unauthorized law practice of Servicio Latino Legal Office, SLLSCO Inc., in W. Olympic Blvd. in Los Angeles, CA. The State Bar is returning clients’ documents to them and informing them it may be in their best interest to seek other legal counsel. The court order also froze the office’s bank accounts. Former clients should call the State Bar at 213-765-1663.

The court order was sought by the State Bar in cooperation with the Los Angeles County Department of Consumer and Business Affairs, which investigated, and the Los Angeles City Attorney’s Office, which brought criminal charges against the operator earlier this year. All three agencies are part of an immigration services fraud working group that aims to protect vulnerable consumers from falling victim to legal scams.

A Department of Consumer Affairs investigator posed as a potential client, and the operator of Servicio Latino Legal Office promised the Department of Consumer Affairs investigator there was an 85- to 90-percent chance he could obtain her asylum if she paid an advance fee of $5,000. The operator of these services is not licensed by the State Bar of California and is not authorized under federal law to represent consumers before the Board of Immigration Appeals or the U.S. Citizenship and Immigration Services.

On April 10, 2017, the operator pleaded no contest to the unauthorized practice of law and received probation, along with fines and penalties. On June 30, 2017 after a follow-up investigation showed the office was continuing to operate out of compliance, the operator’s probation was revoked, leading to additional fines and penalties.

Many people do not hire attorneys to handle their cases for a variety of reasons. The most common reason is the cost of hiring an attorney, which reason is why people fall prey to unlicensed notarios or paralegals who may charge a cheaper rate, but who are not licensed to practice law in California and under federal law to represent clients before the Board of Immigration Appeals or USCIS.

“Do I really need an attorney? Immigration forms are available for free online.” You don’t need an attorney. There is no requirement that you must have an attorney. Immigration forms are available online. However, people have to remember that each question or box to be marked off in an immigration form corresponds to federal immigration law and marking a box incorrectly may lead to very harsh consequences under federal immigration laws. The worst, of course, is deportation or removal from the United States.

No two cases are exactly the same.  Consult with an experienced and competent immigration attorney immediately, and more importantly prior to filing any applications with the USCIS, in order to explore your options and possible legal ramifications you might be facing especially if you do not completely understand a particular immigration question or concept. n

 

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Atty. Lilli Berbano Baculi is an associate attorney with Chua Tinsay & Vega, A Professional Legal Corporation (CTV) – a full service law firm with offices in San Francisco, San Diego, Sacramento and Philippines. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (619) 955-6277; (415) 495-8088; (916) 449-3923; [email protected]. For general information visit www.chuatinsayvega.com.

 

 

 

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