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California Business And Professions Code Section 6126

Legal Research Home > California Lawyer > Business and Professions Code > California Business And Professions Code Section 6126

(a) Any person advertising or holding himself or herself out
as practicing or entitled to practice law or otherwise practicing law
who is not an active member of the State Bar, or otherwise
authorized pursuant to statute or court rule to practice law in this
state at the time of doing so, is 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.
   (b) Any person who has been involuntarily enrolled as an inactive
member of the State Bar, or has been suspended from membership from
the State Bar, or has been disbarred, or has resigned from the State
Bar with charges pending, and thereafter practices or attempts to
practice law, advertises or holds himself or herself out as
practicing or otherwise entitled to practice law, is guilty of a
crime punishable by imprisonment in the state prison or a county
jail. However, any person who has been involuntarily enrolled as an
inactive member of the State Bar pursuant to paragraph (1) of
subdivision (e) of Section 6007 and who knowingly thereafter
practices or attempts to practice law, or advertises or holds himself
or herself out as practicing or otherwise entitled to practice law,
is guilty of a crime punishable by imprisonment in the state prison
or a county jail.
   (c) The willful failure of a member of the State Bar, or one who
has resigned or been disbarred, to comply with an order of the
Supreme Court to comply with Rule 9.20 of the California Rules of
Court, constitutes a crime punishable by imprisonment in the state
prison or a county jail.
   (d) The penalties provided in this section are cumulative to each
other and to any other remedies or penalties provided by law.

Last modified: January 12, 2009