Expert Advice When You Need It Most

Consequences for an attorney practicing law with an active WA state license

Asked over 3 years ago - Seattle, WA

What legal ramifications occur if a bar associate practices law without a current active law license? This person is supplying legal advice to family members without an active license regarding family issues pertaining to tax issues for elderly parents.

Also, this unlicensed person resides in another state from where the family members reside. Since laws vary state to state, how can this person bring the law across state lines without legal verification?

Flag

Save

Share with:

Attorney answers (4)

John M. Kaman

Reputation Level 20

Answered over 3 years ago. Criminal Defense Attorney in San Francisco, CA.

Flag

Practicing law without a license is illegal in most states. It follows that interstate advice would also be illegal. Check out this person with the WA state bar association.

www.kamanlaw.com

Mark as good answer

1 person marked this answer as good

Add comment

David L. Carrier

Reputation Level 15

Answered over 3 years ago. Elder Law Attorney in Grand Rapids, MI.

Flag

Unauthorized practice of law is very dangerous and can lead to disaster for persons who act on the advice of someone who is ignorant of the law in the particular jurisdiction that is relevant to the question.
However, discussing legal issues with family members does not always rise to the level of UPL.

Mark as good answer

Add comment

John Thomas Gosselin

Reputation Level 10

Answered over 3 years ago. Elder Law Attorney in Winchester, MA.

Flag

I agree that lacking a license is probably illegal in all states, with that said don't be afraid to consider the advice given by someone who is well meaning. If they attempt to collect a fee, hold money or file any type of papers I would strongly recommend contacting a licensed local member of the bar or your state bar association for advice on how to proceed.

Mark as good answer

Add comment

Jonathan H Levy

Reputation Level 19

Answered over 3 years ago. International Law Attorney in Washington, DC.

Flag

It's not clear from your question if offering tax advise arises to the level of practicing law. Also what is a "bar associate," I personally am unfamilar with that term.

Mark as good answer

Add comment