Legal Question in Business Law in California

Is it illegal to use letterhead of a fictitioius company ?

Dear professionals,

I am a web designer and have been sent to collections on a overdue credit card(collections agency has sent their nasty letter pretending to be an attorney but of course they have no license to practice).

Here's my question.

Because one of the web sites I own is that of a fictitious legal office, I wanted to know if using letterhead that reflects this web site (Law Offices of...) would be illegal in any way ?

I am not claiming to be an attorney in the letter (in fact I clearly state ''Pro Se''). I've been told that it can't be illegal because I am not making promises on anyone�s behalf, and am not claiming anything on behalf of any company (such as ''we'').

Any answers will be greatly appreciated.


Asked on 4/25/05, 3:40 pm

2 Answers from Attorneys
Antonio Maldonado Maldonado Myers LLP

Re: Is it illegal to use letterhead of a fictitioius company ?

What you are doing is clearly wrong.

By having a website of a fictitious law firm you can get sued for intentional misrepresentation and for violating the Unauthorized Practice of Law statute of the state of California.

By misrepresenting by implication that you are part of a law firm in a letter to a creditor you might also be violating federal law.

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Answered on 4/25/05, 4:17 pm
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Is it illegal to use letterhead of a fictitioius company ?

That is false advertising and possibly you could be found guilty of the unlicensed practice of law -- I think it is a crime with a fairly harsh penalty.

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Answered on 4/25/05, 6:53 pm


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