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Non practicing lawyer

hi, i am going through a divorce and my husband's father's friend was and I believe is no longer a practicing lawyer. He is the unofficial attorney for my husband giving him legal advice and calling me to relay information from and to my husband. I'm wondering is he allowed to give legal advice and act as counsil if he is no longer a practicing lawyer?

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Attorney answers (6)

Reputation Level 10
I believe your question would be appropriately asked, "Is he an 'Active' member of the Bar?" If he is, he is "official."
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Nicholas Chukwuemeka Okorocha
Nicholas Chukwuemeka Okorocha, licensed in California

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Reputation Level 19
You can check if he has a law license at this website www.calbar.ca.gov and it will tell you if he has a license and if he is authorized to practice law.
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Nicholas Chukwuemeka Okorocha
Nicholas Chukwuemeka Okorocha, licensed in California

Reputation Level 9
A lawyer who has an "active" license is legally allowed to practice law and render legal advice. You can go to the California State Bar website (www.calbar.org) to check on the status of an attorney's license. If, in fact, he does have an active license he is not engaging in the unlawful practice of law and can assist your husband inthis capacity.

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Nicholas Chukwuemeka Okorocha
Nicholas Chukwuemeka Okorocha, licensed in California

Reputation Level 9
You have only stated "going through a divorce". If the father's name appears on the pleadings, assuming a petition was filed, he is not the "unofficial attorney". He is THE attorney. As far as giving legal advice is concerned, whether he is practicing or not, he can tell his son what he thinks should be done. If you feel that there is something inappropriate, your best recourse would be to either retain counsel or advise the court of the perceived improprieties.
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Nicholas Chukwuemeka Okorocha
Nicholas Chukwuemeka Okorocha, licensed in California

Reputation Level 13
As long as he still has his law license, it should be permissible for him to advise your husband. Many attorneys work outside the legal field and do not actually "practice law," but it is okay for them to do so, as long as they still have their license. If you don't feel comfortable about the situation, you should have your own lawyer do all the communicating with your husband's "unofficial attorney" -- and that might be a good idea anyway, because your husband and his unofficial attorney certainly don't have your best interests at heart.

Reputation Level 14
A lot of people will "advise" you and your husband throughout the process, and yes, you should check the CalBar website to see if the friend is licensed. However, being active or not won't stop him from whispering in your husband's ear, right? What you should focus on is having your own support 'team' to help you through the process, and let your husband make the mistakes that he wants along the way. Good luck to you!

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