Aiding in the Unauthorized Practice of Law; Fee Splits with Nonlawyers Sample Clauses

Aiding in the Unauthorized Practice of Law; Fee Splits with Nonlawyers. Rule 1-600 requires a lawyer to refrain from participating in an activity or program that recommends, pays for, or furnishes legal services, if that participation involves improper fee splits with nonlawyers or allows acts constituting the unauthorized practice of law. These issues of concern are the subject of other general rules not limited to the legal services context of rule 1-600. Rule 1-310 prohibits forming a partnership with a nonlawyer. Rule 1-320 prohibits, with certain exceptions, a lawyer from directly or indirectly sharing fees for legal services with a nonlawyer. Rule 1-300(A) prohibits a lawyer from aiding any person or entity in the unauthorized practice of law. Other California laws prohibit the unauthorized practice of law in California. Among these other laws are Business and Professions Code §§ 6125 et. seq. stating that perpetrators are guilty of a misdemeanor punishable by a fine, imprisonment, or both. Unauthorized practice of law may also be enforced under laws prohibiting unfair competition. (See People v. Landlords Professional Services (1989) 215 Cal.App.3d 1599, applying the Unfair Competition Act, Business and Professions Code §§ 17200 – 17208. See also Opinion of the California Attorney General No. 93-303 (August 30, 1993).)
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