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State Bar Seizes the Practice of a San Francisco Nonattorney Who Victimized Russian and Mongolian Immigrants

The State Bar of California has seized the unauthorized law practice of a San Francisco woman who victimized immigrants from Russia and Mongolia, claiming she could help them with their immigration matters. Nelly Allen, also known as Nelly Gabutti, Nelly Gabueva, and Ellen Allen, did business under a variety of names, including Alien Assistance Association, International Law Group, ILGSF, ILGSF Resources, and LDA Office Nelly Allen LLM. She led clients to believe that she was an attorney and qualified to practice immigration law. Two of Allen’s former clients say they now face a substantial risk of removal and deportation due to the false and incorrect information Allen provided on their asylum applications. Allen has never been admitted to the State Bar of California.

The State Bar has a unit dedicated to investigating and addressing the unauthorized practice of law, including those who give legal advice without a license or otherwise pose as attorneys.

On April 29, 2020, the State Bar’s request to the Superior Court of San Francisco County for a permanent court order was granted, assuming jurisdiction over Allen’s illegal law office and enabling the State Bar to seize her practice. Under an interim order granted on March 12, 2020, the State Bar inspected Allen’s illegal operation and seized an estimated 70 client files. The agency also disabled Allen’s business-related telephone numbers, redirecting callers to the State Bar, froze a business-related bank account, and redirected mail to the State Bar’s office. After the Court granted the permanent order, Allen asked the Court to reconsider its decision. The Court has yet to rule on Allen’s request.  

The State Bar is seeking to return client files to their owners and has established a dedicated phone number for Allen’s former clients who wish to reclaim their files or documents: 213-765-1678.  

Allen opposed the State Bar’s request for the permanent court order, denying that she engaged in the unauthorized practice of law. However, the State Bar presented documentary evidence showing that clients were paying Allen thousands of dollars for unlawful legal services in immigration cases, and the Court found that Allen was engaging in the unauthorized practice of law.   

Immigration consultants can translate answers to questions on state or federal forms, obtain copies of supporting documents, and refer their clients to an attorney. Immigration consultants cannot provide legal advice or represent a client in court. If they do, they are breaking the law and can be criminally prosecuted for the unauthorized practice of law. If an attorney practices law while their license is suspended, or they have been disbarred, it is also considered the unauthorized practice of law.

People who have been targeted by someone who is not licensed to practice law can file an unauthorized practice of law complaint with the State Bar. There is no cost, and U.S. citizenship is not required; the State Bar will not ask complainants about citizenship or immigration status. The online complaint form is available in English, Spanish, Russian, Chinese, Korean, and Vietnamese.

In 2019, the State Bar opened more than 900 cases in which a nonattorney was alleged to have engaged in the unauthorized practice of law, a 24 percent increase over the previous year. A small portion of these cases involved the unauthorized practice of immigration law. The State Bar also reviews immigration-related complaints about attorneys and received more than 400 such complaints in 2019.

The State Bar advises anyone in California to avoid fraud from attorneys and unlicensed legal providers, including those using the title notario, by taking the following precautions:

• Ask for the attorney's full name and State Bar number. Before hiring an attorney or paying any sum of money, look up the attorney on the State Bar website or the state’s website in which they are purportedly licensed, to see if their license is active and whether they have any history of discipline. Consumers can also call the State Bar at 800-843-9053.
• If the attorney is representing you in immigration matters, make sure they are licensed to practice before the U.S. Department of Justice’s Executive Office for Immigration Review. The office posts a list of practitioners who are not currently authorized to practice or have been disciplined by the office.
• 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 get a written receipt.
• Do not hire anyone who threatens 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, and insist on a written receipt. If you've already made a payment, you are entitled to ask for an accounting of a description and amount of the services being provided. 

Additional State Bar resources for consumers:

• Immigration legal resources
• Fraud alert for immigrants seeking legal aid to avoid family deportations English | Spanish

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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.