Legal Question in Constitutional Law in California
To the attorneys who accused me of practicing without a license, since WHEN is it illegal to be in pro per? If people cannot afford an attorney to assist them then they must help themselves. So once again I have found that no attorney will bother to offer pro bono assistance in a criminal or constitutional matter unless it benefits them. Sad testament to our time
4 Answers from Attorneys
I assume you are the questioner who is "helping" some alleged ex-gang member file a habeas petition. I, and attorney Timothy McCormick, told you you are practicing law without a license.
Regardless of whether you think that the law against practicing law without a license is unjust, or that attorney services cost too much, or that not enough attorneys are willing to work for free, the fact remains that what you're doing is practicing law without a license. This is a misdemeanor crime in California. Take your beef to the state legislature.
You pretty much admitted that you have unlawfully practiced law in you previous question. The ex-gang member would be proceeding pro per by representing himself without any outside help. You stated that you have to file something and you had to make an argument. You are practicing law without a license, and will probably need a lawyer of your own if you continue.
As the other attorneys have stated, pro per means for yourself, not helping someone else. It is filing and doing other legal work for others without being a licensed attorney that is illegal, not being in pro per. As for not finding attorneys to help, there are dozens of pro bono habeas projects and clinics around the state. If you really want to help your friend, you should be looking for help there instead of posting on the Internet that you are committing a crime yourself and asking us to break the law and the rules governing our licenses by helping you do it.
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