TRUST, BUT VERIFY

WORDS AND THEIR MEANING ONLINE

Is the consultant you just hired to prepare organizational documentation for your new construction condominium project (or your apartment to condominiums conversion project) in accordance with the Davis-Stirling Common Interest Development Act (California Civil Code Section 4000 et. seq.) needed to obtain a "White Report" really a licensed attorney ?

How to solve the mystery of online omission of the truth.

Recently, I spoke with an online consultant who placed the words "JD" after his name. Most people do not know what "JD" or "Esq." means after a name. "JD" refers to "Juris Doctor". This is a law degree awarded by completion of studies at a law school. "Esq." is short for "Esquire". The term "Esquire" is an honorary title used by an attorney who has passed a state bar examination and is licensed to practice law in the state. An attorney licensed to practice law in California will normally include "Esq." as part of the signature portion of a letter he or she signs. There are different types of law schools including those which are accredited by the American Bar Association ("ABA"), those which are accredited by the State of California and those which are not.

The General Statistics Report February 2019 California Bar Examination is available on the website of the State Bar of California: "www.calbar.ca.gov". The General Bar Examination Statistics on page 1 include the "Law School Type". The Statistics on the additional pages reflect "Percent Passing By Racial/Ethnic Group" and thereafter "First Timers and Repeaters and Passing and the Percent Passing" in the following categories: California ABA approved Law Schools, Out of State ABA Schools, California Accredited, California Unaccredited, Fixed Facility and California Unaccredited, Correspondence.

I am a graduate of an ABA accredited law school (Pepperdine School of Law, Malibu, CA) . I passed the California Bar Examination administered in February, 1974, and was thereafter admitted by the State Bar to practice law in California. My California State Bar Membership number is 59430.

California Business and Professions Code Section 6125 provides as follows: "No person shall practice law in California unless the person is an active licensee of the State Bar". California Business and Professions Code Section 6126 sets forth the criminal and civil penalties for the unauthorized practice of law.

Sections 6125 and 6126 of the Business and Professions Code are available online at: "leginfo.legislature.ca.gov." The State Bar of California admission requirements for Attorney Applicants , who are already licensed to practice law in another state or jurisdiction, are also available online at: "www.calbar.ca.gov".

If the "consultant" you are considering hiring and/or are currently working with advises that he/she is an attorney from another state, please note the following. The State Bar of California provides that practice of law by an out of state attorney is not acceptable. An "out of state attorney" to practice law in California must be admitted as a member to the State Bar of California. You can go to the state bar website and determine if your "consultant" is authorized to practice law in California by simply typing in his/her name.

When I saw "JD" after the name of the online consultant, I went to: "www.calbar.ca.gov". I typed his name in the search box. My goal was to determine if he was an active licensee of the State Bar of California. His name did not appear as a member of the State Bar of California. The consultant confirmed he was not an active licensee of the State Bar of California. He advised he was a licensed real estate broker.

Anyone can go online and determine if someone is licensed to practice law in California by going to "www.calbar.ca.gov" and type the person's name in the search box. If the person is not licensed to practice law, you will know immediately from the online results. The State Bar of California will investigate and respond to complaints of unauthorized practice of law. The procedure for filing a complaint is included on their website. The Office of the District Attorney in each County in California investigates complaints of unauthorized practice of law and determines whether to prosecute violations of Section 6126 of the California Business and Professions Code.

The State Bar of California issues each member a membership card. The card includes the members name, the members bar number and whether the member is an "ACTIVE" member of the State Bar of California. Before you hire a consultant to perform professional services, which include the practice of law, I suggest you ask the consultant to see his or her State Bar of California membership card. I keep mine in my wallet.

As an active licensee of the State Bar of California, I can and do prepare organizational documentation for a condominium project, a planned development and/or a standard subdivision in accordance with California law. The documentation I prepare needs to be in compliance with California law in the event my client is sued. Why ? I need to be able to defend my work before a judge in a court of law who will determine if the documentation is in compliance with the law. A consultant who is not licensed to practice law cannot defend his/her actions before the court. His/her advice and actions are clearly illegal.

The preparation (and/or written advice concerning the preparation) of organizational documentation for a common interest development (Condominium Project and/or Planned Development) in accordance with the Davis-Stirling Common Interest Development Act (Civil Code Section 4000 et. seq.) by a consultant who is not a licensed member of the State Bar of California is the unauthorized practice of law as defined in Business and Professions Code Section 6126. A consultant who is not an attorney cannot direct an in-house attorney on how to interpret the law and how to prepare organizational documentation in accordance with the law. This is clearly the unauthorized practice of law.

I hope the foregoing information is helpful in understanding words and their meanings online. My goal is to assist members of the public make an informed decision when he or she retains an attorney licensed to practice law in California for professional services. I would suggest it is better not to be part of an investigation by the State Bar of California or by the Office of the District Attorney of a consultant engaged in the unauthorized practice of law in California.

I have learned that people want to do business with people they know, like and trust.

Trust, but verify.