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State Bar issues fraud alert for immigrants seeking legal aid to avoid family deportations

Wednesday, July 3, 2019

The State Bar of California issued the following fraud alert today to warn the public to report and watch out for potential legal fraud in response to federal warnings about mass family deportations.

"Everyone in California deserves access to legal services, no matter their immigration status,” said Melanie Lawrence, Interim Chief Trial Counsel of the State Bar of California. “Recent federal warnings about mass deportations undoubtedly have escalated fear and alarm in immigrant communities, and this climate increases the potential that the unscrupulous will be trying to take advantage of those most vulnerable and in need.”

The State Bar has issued a new pamphlet in English and Spanish to make widely available basic information about avoiding being victimized by those not licensed to practice law.

Also, the agency recently improved its online complaint form for reporting the unauthorized practice of law making it available in English, Spanish, Chinese, Korean, Vietnamese and Russian. A multilingual off-line alternative is also available.

Fraud Alert

Steps you can take to avoid fraud from attorneys and unlicensed legal providers, including non-attorneys using the title notario:

Ask for the attorney's full name and State Bar number.
Before hiring the attorney or paying any sum of money, look up the attorney on the State Bar website (www.calbar.ca.gov), or the state in which they are licensed, to see if their license is active and whether they have any history of discipline. You can also call the State Bar at 800-843-9053.
Check the State Bar’s cease and desist list, which warns non-attorneys that certain of their practices may violate the law, and the federal list of those not authorized to practice immigration law.
Be wary of non-attorneys who call themselves notarios; they are not authorized in California to provide legal advice. See section on immigration consultants below.
Get your contract in writing as well as receipts for payments you make.
Be wary if someone requires cash payments. If you must pay in cash, be sure to have a written receipt.
Be wary of those who threaten to report your immigration status if you do not pay them immediately.
Keep a paper trail. If you don't have a bank account, use a cashier's check. If you've already made a payment, you are entitled to ask for an accounting of your bills.

California law prohibits lawyers or others acting on the behalf of a lawyer from:

Promising a particular outcome from the legal representation.
Lying about their ability to represent you in immigration court or act as your lawyer.
Seeking clients by mail unless the letter and envelope are clearly labeled as an advertisement. Any communication from a licensed attorney soliciting business, whether written, broadcast, or electronic must be clearly marked as an advertisement or solicitation.

Use care when seeking help from immigration consultants

If you hire an immigration consultant rather than an attorney, you should know what they can and cannot do for you:

Immigration Consultants Can	Immigration Consultants Cannot
Help fill out paperwork Translate documents Submit forms to government agencies	Select what forms you need Give legal advice Represent anyone in Immigration Court

Attorneys or accredited representatives must be registered with the Executive Office of Immigration Review before appearing in Immigration Court.

Immigration lawyers can practice immigration law in California even if they are licensed in another state. Any complaints about such attorneys will be forwarded to the correct state authorities.

Report notario fraud and other unauthorized practice of law to the State Bar

People should report fraud by notarios and other unauthorized practice of law to the State Bar of California. Online and offline complaint forms are now available in English, Spanish, Chinese, Korean, Vietnamese and Russian.

You do not have to be a citizen to file a State Bar complaint. The State Bar will not ask you about your immigration status when you file a complaint and will not collect or report any such information to anyone.

Additional information

The State Bar, which regulates the practice of law in California, cannot represent clients or refer them to a particular attorney. People needing a lawyer can contact the State Bar of California to connect with a certified lawyer referral service at 415-538-2250 or email LRS@calbar.ca.gov.

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The State Bar of California's mission is to protect the public and includes the primary functions of licensing, regulation and discipline of attorneys; the advancement of the ethical and competent practice of law; and support of efforts for greater access to, and inclusion in, the legal system.