Unauthorized practice of law - The "unauthorized practice of law" (UPL) is prohibited by statute or court rules in every state except Arizona. For example, Texas law generally prohibits a person who is not an attorney from representing a client in a personal injury or property damage matter, and punishes a violation as a misdemeanor. Some states also criminalize the separate behavior of falsely claiming to be lawyer (in Texas, for example, this is a felony).

Interpretations of the term "unauthorized practice of law" vary among jurisdictions. For example, the use of independent paralegals in California is tolerated to a high degree. Many of the activities paralegals perform in California would be considered the "unauthorized practice of law" if performed in New York.

Most unauthorized practice of law may be unintentional. Probably the most common violators are accountants, paralegals, public notaries, and people who formerly worked for an attorney. Many times what seems to them to be "common knowledge" or "just helping out a friend" in fact crosses the line into practice of law.

For instance, many accountants who represent small businesses will "fill out some forms" to create a corporation. They are drafting legal documents, which requires a law license. A notary public who reads instructions, asks questions, and tells a person which forms to use and how to fill them out may be giving legal advice.

Buying a legal form in a store and helping a friend fill it out involves giving legal advice and drafting legal documents. Lawyers often begin drafting documents by modifying forms obtained from form books rather than drafting "from scratch."

In most states, unauthorized practice of law is a criminal offense. However, while there are cases of individuals being prosecuted for the unauthorized practice of law, absent fraud, theft, or serious violations of consumer protection laws, common practice is simply to explain to the person that the questioned activities constituted unauthorized practice of law and get an agreement that the person will desist.