Unauthorized practice of law
| STATE | CITATION | CONSEQUENCE |
| Alabama | Ala.Code 1975 § 34-3-1 | Misdemeanor and fined not to exceed $500, or be imprisoned for a period not to exceed six months, or both. |
| Alaska | AS § 08.08.230 | Class A misdemeanor. |
| Arizona | 17A A.R.S. Sup.Ct.Rules, Rule 76 | Agreement to cease and desist, Cease and desist, injunction, civil contempt, restitution, and costs and expenses. |
| Arkansas | A.C.A. § 16-22-209 | Guilty of a contempt of court and shall be punished as in other cases of contempt. |
| California | West's Ann.Cal.Bus. & Prof.Code § 6126 | Guilty of a misdemeanor punishable by up to one year in a county jail or by a fine of up to one thousand dollars ($1,000), or by both that fine and imprisonment. Upon a second or subsequent conviction, the person shall be confined in a county jail for not less than 90 days, except in an unusual case where the interests of justice would be served by imposition of a lesser sentence or a fine. If the court imposes only a fine or a sentence of less than 90 days for a second or subsequent conviction under this subdivision, the court shall state the reasons for its sentencing choice on the record. |
| Colorado | C.R.S.A. § 13-93-108 | Guilty of contempt of the supreme court of this state and of the court in which said person appears and shall be punished therefor according to law. |
| Connecticut | C.G.S.A. § 51-88 | Class D felony otherwise Class C misdemeanor if licensed in other state, DC, Puerto Rico, or other U.S. territory; also in Federal District Court. |
| Delaware | 386 A.2d 652 | Contempt of court. |
| Florida | West's F.S.A. § 454.23 | Felony of the third degree. |
| Georgia | Ga. Code Ann., § 15-19-56 | Misdemeanor. |
| Hawaii | HRS § 605-17 | Misdemeanor. |
| Idaho | I.C. § 3-420 | Fined not to exceed five hundred dollars ($500), or be imprisoned for a period of not to exceed six (6) months, or both. |
| Illinois | 705 ILCS 205/1 | Contempt - The remedies available include, but are not limited to: (i) appropriate equitable relief; (ii) a civil penalty not to exceed $5,000, which shall be paid to the Illinois Equal Justice Foundation; and (iii) actual damages. Such proceedings shall be conducted in the Courts of the respective counties where the alleged contempt has been committed in the same manner as in cases of indirect contempt and with the right of review by the parties thereto. |
| Indiana | IC 33-43-2-1 | Class B misdemeanor. |
| Iowa | I.C.A. Rule 37.2 |
Upon determination that the unauthorized practice of law is taking place, the commission may file a complaint with the district court. |
| Kansas | ||
| Kentucky | KRS § 524.130 | Class B misdemeanor. |
| Louisiana | LSA-R.S. 37:213 |
Natural person: shall be fined not more than one thousand dollars or imprisoned for not more than two years, or both. Any partnership, corporation, or voluntary association which violates this Section shall be fined not more than five thousand dollars. Every officer, trustee, director, agent, or employee of a corporation or voluntary association who, directly or indirectly, engages in any act violating any provision of this Section or assists the corporation or voluntary association in the performance of any such violation is subject to the penalties prescribed in this Section for violations by a natural person. |
| Maine | 4 M.R.S.A. § 807 | Class E crime. |
| Maryland | MD Code, Business Occupations & Professions, § 10-606 | Misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 5 years or both. |
| Massachusetts | M.G.L.A. 221 § 41 | Shall be punished for a first offence by a fine of not more than one hundred dollars or by imprisonment for not more than six months, and for a subsequent offence by a fine of not more than five hundred dollars or by imprisonment for not more than one year. |
| Michigan | M.C.L.A. 600.916 | Guilty of contempt of the supreme court and of the circuit court of the county in which the violation occurred, and upon conviction is punishable as provided by law. |
| Minnesota | M.S.A. § 481.02 | Misdemeanor WARNING: Found Unconstitutional by 819 N.W.2d 715. |
| Mississippi | Miss. Code Ann. § 73-3-55 | Misdemeanor. |
| Missouri | 484.020 | Misdemeanor - fine no greater than $100 plus prosecution costs as well as subject to be sued for treble paid for services to unlicensed person. If no suit filed within 2 years, state may sue for treble paid services. |
| Montana | MCA 37-61-210 |
Contempt of court except in except a justice's court or a city court.
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| Nebraska | Neb.Rev.St. § 7-101 | Class III misdemeanor. |
| Nevada | Supreme Court Rules, Rule 39 | |
| New Hampshire | N.H Rev. Stat. § 311:7-a | A petition may be filed for injunction to stop the unauthorized practice of law. |
| New Jersey | 2C:21-22 | A crime of the third degree if practicing without a license and of the fourth degree if holding oneself out as an attorney through fraud. |
| New Mexico | N. M. S. A. 1978, § 36-2-27 | Contempt - limitation recognized in State v. Rivera. |
| New York | McKinney's Judiciary Law § 750 | Criminal contempt - proposed legislation. |
| North Carolina | N.C.G.S.A. § 84-37 | Injunction. |
| North Dakota | NDCC, 27-02-07 | Supreme court discretion. |
| Ohio | R.C. § 4705.07 | Civil actions. |
| Oklahoma | ||
| Oregon | O.R.S. § 9.990 | Shall be fined not more than $500 or imprisoned in the county jail for a period not to exceed six months, or both. |
| Pennsylvania | 42 Pa.C.S.A. § 2524 | Commits a misdemeanor of the third degree upon a first violation. A second or subsequent violation of this subsection constitutes a misdemeanor of the first degree. |
| Rhode Island | Gen.Laws 1956, § 11-27-14 | Any person violating any of the provisions of this chapter shall, upon a first conviction, be imprisoned for a term not exceeding one year, or fined not exceeding five hundred dollars ($500), or both. Any firm, corporation, or other entity violating any of the provisions of this chapter shall, upon a first conviction, be fined not exceeding five hundred dollars ($500). Every person having been convicted of a subsequent offense involving the unauthorized practice of law in this state or in any other jurisdiction shall, for each offense, be imprisoned for a term not exceeding five (5) years, or be fined not exceeding five thousand dollars ($5,000), or both. Every firm, corporation, or other entity having been convicted of a subsequent offense involving the unauthorized practice of law in this state or in any other jurisdiction shall, for each offense, be fined not exceeding five thousand dollars ($5,000). |
| South Carolina | Code 1976 § 40-5-310 | Guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both. |
| South Dakota | SDCL § 16-16-1 | Class 1 misdemeanor. |
| Tennessee | T. C. A. § 23-3-103 | Class A misdemeanor. |
| Texas | V.T.C.A., Government Code § 81.104 | Seek the elimination of the unauthorized practice of law by appropriate actions and methods, including the filing of suits in the name of the committee. |
| Utah | U.C.A. 1953 § 78A-9-103 | Shall be enforced by any civil action or proceeding instituted by the Board of Commissioners of the Utah State Bar. |
| Vermont | 4 V.S.A. § 901 | Governed by the Rules of the Supreme Court of Vermont. Contempt - In re Morse, 98 Vt. 85 |
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Virginia
Washington
West Virginia
Wisconsin Wyoming |
Class 1 misdemeanor.
Shall be fined not less than $50 nor more than $500 or imprisoned not more than one year in the county jail or both, and in addition may be punished as for a contempt.
Misdemeanor. Shall be fined not less than $50 nor more than $500 or imprisoned not more than one year in the county jail or both, and in addition may be punished as for a contempt. Contempt. |
