Originally Posted - February 1, 2006


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Unauthorized Practice Of Law Would Become Felony

ALBANY---Lawyers are getting mad about those people who try to help others and take those robust fees charged by lawyers from their pockets.

A bill that would make the unauthorized practice of law a Class E felony, a crime equal to statutory rape, stalking and inciting a riot, was okayed Tuesday by the state Senate Judiciary Committee.

Individuals convicted of unauthorized practice of law would face up to four years in state prison, the same penalty that is assessed to other professionals who practice a profession without a license.

However, the president of the state bar association refused to take a position on the level of penalty saying only that it's a "significant problem". NYSBA president A. Vincent Buzard has appointed a task force to study the issue and its report is due in March.

The bill was sponsored by Charles Fuschillo Jr. (R-Long Island) who said the purpose of the law is to "provide consistency" within the profession. "Licenses and registration ensure the public that a certain level of competency has been achieved to practice within a profession, Fuschillo said.

Unauthorized practice of law is currently addressed under Section 485 of the Judiciary and is punishable as a misdemeanor. 2-1-06

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