As one of the charter students at British-American University School of Law, back in 1997/98 and graduating in 2001, I initially opted for the Bar program, and even paid my fees to the California (CA) Bar for the First Year Students' Law Exam (a/k/a Baby Bar). However, as a couple of months progressed, I decided to focus my interests in opportunities that were available to me if I switched to a Non-Bar degree.

South Carolina (SC) is probably one of the most difficult states to get into the practice of law as the standard paradigms define law practice.

So, I knew that, if I was not willing to move to another state, going to CA and taking the Bar there would not really do me any good, unless I wanted to engage in Federal trial practice, and I really didn't feel like going through all the hoops and hurdles required post-JD to begin a private practice in the Federal trial Courts.

Instead, I began research, and discovered that there were some things I could do (back then) that would clearly relieve me of any accusations of engaging in unauthorized practice. Additionally, there were some other things that, though posed a risk of 'questionable' activity re unauthorized practice, if push came to shove, I felt pretty confident that I could argue my way through any charges, so long as I would come close to the line, but refrain from crossing the line.

 

 

So, first things first, I applied for and received my commission as a Notary Public in 1998. As a published columnist with a bi-lingual column in SC's only bilingual Spanish-English weekly newspaper, Latino , I began advertising help for folks that needed help with problems.

At the bottom of every one of my advertisements, and in clearly legible 10 pt type, I added that I was not a licensed attorney and if the reader needed legal advice or legal representation, he should seek the services of a licensed attorney. If he did not feel comfortable in finding a licensed attorney, I would, for a fee, assist the reader in procuring the services of a licensed attorney.

Most of the clients I received were Hispanics that needed help with insurance, contracts, or immigration matters, but I also found a nice loophole to be able to represent folks in criminal cases without engaging in unauthorized practice.

At that time, SC had taken the Faretta (Faretta v. California 1976) decision a step further in that non only a person was entitled to pro-se representation, but that a person could ask another person to represent and speak on his behalf, so long as there was no fee charged, nor any compensation nor gratuity exchanged, in any manner, for the representation (In 2003, that law was changed, so you can no longer represent folks under that law). 

So, I found that I could charge for interpreting and translation, but represent the client for free, since those were two separate functions. In essence, I helped pro se clients by representing them as an interpreter/translator, pro per.And I think I did a pretty good job of it until about 2003, when the law changed. In 1998, I represented a couple charged with an A felony of receiving and possessing over $25,000 in stolen merchandise.

I negotiated a dismissal of the charges against the husband and got the class A felony down to a class E felony, with the wife being sentenced to 5 yrs probation and $500 fine, with probation suspended upon payment of the fine. 

A Public defender (PD) was present during that case, and he was so impressed with my work that he asked the Court for a continuance on his case with a Hispanic defendant. That defendant was charged with Reckless Homicide.

My investigation showed the errors made in traffic accident investigation made by the prosecution, and the charges were completely dismissed. In another case, I negotiated a murder charge down to involuntary manslaughter, and arranged for a plea agreement at 8 years.

 

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Yet another case was a felony DUI and possession of cocaine case, whereby the accused had served 1.5 yrs awaiting trial. An in-depth investigation showed mitigating circumstances whereby, though the Assistant Solicitor prosecuting the case did not even wish to negotiate, we circumvented the Solicitor and the Court sentenced the accused to time served.

In 2002, I took on a client who adamantly wanted to represent themselves in a divorce case. I told them to get the forms from the Courthouse and I would help them. I filled out all the forms, typed up the pleadings, and gave them the paperwork to file with the Family Court. The Judge didn't like the couple not using an attorney, and reported to the Attorney General (AG) that I was engaging in the unauthorized practice of law.

I received a letter from the AG's office, threatening to file criminal action against me, whereby I would be facing 10 years imprisonment and up to $25,000 in fines. I called the Assistant AG in charge, faxed her a copy of my advertisements, and told her that I never gave any legal advice other than advising the client to find an attorney, and they insisted on self-representation.

She stated that my legal writing was cause enough to file unauthorized practice charges against me. I informed her that this would be a wonderful case to take to Court, so if the AG's office wished to go forward with this, to go right ahead and I would love for this to come out into the public eye.

She was puzzled, until I asked a simple question that I knew the AG's office would not want to answer (I learned early in my business life that the best way to handle an accusation is to ask a question that the other party will not wish to get an answer to).

My question was very simple: "Pursuant to Faretta, a person is entitled to represent himself in any Court in the US, and that person must be afforded all the rights and privileges afforded to any attorney who would otherwise be representing him. Attorneys use paralegals to draw up all their papers.

Since I didn't represent my client, nor render any legal advice, your position is that I engaged in the unauthorized practice of law by performing the services of a paralegal.

Do you really wish to open that can of worms whereby you will be the one known for a landmark case that would allow paralegals to work directly for clients without having to work for an attorney?

I received a letter a few days later that said that due to the evidence that I have produced, the AG's office has decided to refrain from filing charges against me, but that they would be keeping an eye on me.

During that point in time, I was also performing "witness" closings on mortgaged properties. I would charge $150 - $200 per closing, which included the title abstraction (title search) and witnessing the buyers' and sellers' signatures. SC law back then only required that a licensed attorney only be available if legal questions were asked. Many mortgage companies would have a toll-free number available to call a licensed attorney in case the parties had a legal question. 

Interestingly as a strange coincidence, in 2003, the unauthorized practice law in SC changed and I could no longer do the things that I was doing.     

I saw the writing on the wall ahead of time, though, and in 2001, after graduating from British-American University, I petitioned the Social Security Administration for admission to practice. I sent in a copy of my degree, along with other evidence of competency in that practice area, and was admitted.

I began a Disability practice in April, 2001. In 2003, I had a disability client who was mistreated by her employer, in that she was 'forced to resign' (contra to FMLA) when she advised her employer that she had MS and she was unsure of what to do from that point. Being that this was a Labor matter rather than a Social security matter, I petitioned the US Dept. of Labor and was admitted to practice.

I not only was able to get Social Security Disability benefits for her, but I also was able to get the corporation to settle by continuing to pay for her health insurance for 24 months from the onset date of disability, continue her employment under Family and Medical Leave Act (FMLA), and continued paying her full salary while she applied and until she would begin receiving disability benefits from the company's disability insurance plan.

Currently, I have a pretty nice Federal Administrative Law Practice, specializing in Social Security and Labor. I also have petitioned and awaiting processing and a response to be allowed to practice Admiralty Law.  Perhaps after that, I'll take the BAU Tax law Institute program and get admitted to practice Tax Law.