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Can an individual or process server provide eviction / legal services at a fee?

Murrieta, CA |

An "individual" who fraudulently served & filed POS-010 & other judicial council forms is illegally selling eviction/ legal services at $200-600.+ via internet since 2010 in violation of B&P Code 6125; 6126. He posted "Don't pay outrageous Atty.Fees" & offer full service eviction from process service 2Court visits. Is he allowed to sign for d Plaintiff or Defendant? i believe it's forgery in violation of PC 470(d), a Felony.

Because he misrepresented and used his address, phone no. & sign / copy / paste d Plaintiff's signature on Judicial council forms to make it appear as if it's true when in fact it was false, is it considered Identity theft, false personation, filing false or forged instrument, prepared false documentary evidence and perjury by his deliberate actions in order to get a Court Order/ Judgment in his client's favor? Should I report him to the Police or DA?

Attorney Answers 3

Posted

If you have evidence of a crime, report it to the police.

Also, if you believe a person is practicing law without a law license, report that to the California Bar.

Good luck.

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1 lawyer agrees

Posted

No.

If you believe this individual is engaged in the Unauthorized Practice of Law, report the UPL to the California State Bar.

If you believe the individual is also committing crimes such as forgery, then report it to your local law enforcement agency.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

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4 comments

Neil Pedersen

Neil Pedersen

Posted

Frank, actually the State Bar of California has no jurisdiction over non-lawyers engaged in UPL. However it can discipline attorneys who assist or aid and abet such conduct. The DA or AG are the entities vested with jurisdiction to prosecute UPL matters against non-lawyers. FYI.

Frank Wei-Hong Chen

Frank Wei-Hong Chen

Posted

Actually it does. I worked on this UPL project back in the late 1990s and early 2000s. The State Bar's primary jurisdiction involves regulation of attorneys. However, it is authorized by statute to take limited action against non-attorneys under certain circumstances. Anyone having information about the possible unlawful practice of law by an unlicensed individual should call 1-800-843-9053. Also send supporting documents or other information to: The State Bar of California, Office of the Chief Trial Counsel, Intake Unit, 1149 S. Hill Street, Los Angeles, CA 90015-2299, Attn: UPL Project.

Neil Pedersen

Neil Pedersen

Posted

Attended State Bar Annual Meeting last week. Two members of COPRAC and a State Bar appellate judge all stated that the State Bar does not go after non-lawyers. Maybe it is a change. Maybe it was misinformation.

Neil Pedersen

Neil Pedersen

Posted

Frank, I found an interesting document created by the LA District Attorneys office that discusses this issue. It appears there were significant changes made to further criminalize the activity, but the State Bar still has a hotline for people to call. See http://da.co.la.ca.us/pdf/UPLpublic.pdf

Posted

Engaging in the practice of law without a law license is a crime. The District Attorney of your county or the Attorney General of California has jurisdiction to charge and prosecute violators of that offense.

Simply providing forms and assisting in the filling out of forms is as far as any non-attorney can go in helping "clients" with their legal matters. Giving advice about what various items on the form mean, or advising on the effect of various laws are a violation of law for a non-licensed person. Appearing on behalf of another in court is strictly forbidden.

If you have become aware of criminal conduct by a person or company engaged in the unauthorized practice of law, you have the right to report that violation to the authorities.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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