Unauthorized Practice of Law, Colorado

The Colorado Supreme Court rules on cases of Unauthorized Practice of Law (UPL) in Colorado. Activities included in the definition of the practice of law are:

(1) Giving legal advice or counsel about legal rights or responsibilities;
(2) Selecting, drafting, or completing legal documents;
(3) Representing a person (client) before an adjudicative body;
(4) Preparing or filing documents or conducting discovery; or
(5) Negotiating legal rights or responsibilities.

Research on Colorado UPL Cases

The table below lists Colorado Supreme Court UPL cases since 2000. Some of the cases have been researched and summarized, showing the unauthorized acts performed, and some brief case notes. Case numbers are shown as a reference for further research.

The table may be useful for research or learning more about the types of activities to avoid if you do not have a current license to practice law in Colorado.

Additional Colorado UPL Case Information

At the end of the article is a web link to a spreadsheet PDF file that includes additional information including defendant names, date of the court decision, and disposition, including an injunction, costs, fine, client restitution. In some cases, defendants were found in contempt of court. A few cases ended in criminal convictions and sentencing in the Colorado Department of Corrections (DOC).

Types of UPL Violations

In some cases, defendants were trying to help friends or family members with legal matters or acting under a Power of Attorney (POA). A POA does not authorize the practice of law.

Providing legal advice, selecting or preparing legal forms for others, including estate planning, trusts, immigration, divorce, small claims court, and bankruptcy documents, are common problem areas.

Representing a client, or preparing documents for a court case, hearing, settlement negotiations, or debt collection are other problems found.

Colorado Supreme Court Case Number	represent client	prepare case	legal advice	legal opinion	legal services	legal docs	Notes
00SA060
00SA061	x	x	x			x	prepared pleadings for clients, negotiated settlement, held himself out to be attorney
00SA224	x	x	x		x	x	prepared trust docs for father, received payment, represented father in child support dispute, filed motions and complaint
01SA057			x		x	x	selected bankruptcy forms, gave bankruptcy advice, advertised under attorneys in Yellow Pages
01SA083
01SA085	x		x		x		non-attorney, worked in law office, gave legal advice on contract dispute causing harm to client
01SA132	x	x	x			x	prepared and filed divorce docs for husband and wife
01SA136	x	x	x			x	gave legal advice to parents in dependency and neglect proceeding, drafted pleadings, acted under POA, POA does not authorize practice of law
01SA155	x	x				x	acted under POA to represent client in quiet title action, POA does not authorize practice of law
01SA158	x	x	x			x	prepared divorce, bankruptcy docs
01SA342	x		x			x	gave legal advice on immigration laws, real estate, ads on Spanish TV
01SA343
01SA362	x		x		x		advertised as a lawyer, gave legal advice, offered to represent clients
02SA011
02SA082		x	x			x	independent paralegal, gave legal advice, selected and prepared bankruptcy pleadings
02SA286	x	x	x		x	x	licensed to practice law in California, not Colorado, entered agreements with clients on Colorado matters, provided legal advice, drafted appeal brief
02SA329			x		x	x	advertised paralegal services, provided legal advice, prepared legal docs, trusts, charged fee
03SA058
03SA077	x		x		x	x	acted as personal injury mediator and consultant, wrote demand letters for client to settle case, interpreted insurance coverage
03SA187			x	x			gave legal advice, analyzed work done by lawyer, gave questions to client as guide in fee arbitration hearing
03SA188
03SA281
03SA282	x	x			x	x	prepared complaint for client, accepted fees, held himself out as attorney
03SA283	x				x		held himself out as attorney, represented clients in court
03SA284	x	x			x		held himself out as attorney, represented juvenile in court, charged fee
03SA303	x	x					represented self and co-defendants in lawsuit, filed response
03SA326			x		x	x	advertised immigration doc preparation service, held out that she was a lawyer or paralegal, charged fee for legal advice
03SA369
03SA370
03SA377	x		x			x	acted as legal rep for clients, received fees, pursued notarial protest
04SA098	x	x	x			x	wife prepared court docs for husband as representative
04SA148	x	x				x	represented client in real estate transaction, wrote and filed real estate docs for client, filed lawsuit for client
04SA173	x				x	x	acted as legal rep in small claims court, received fee for paralegal work, charged fee to prepare legal docs for divorce
04SA301	x	x	x			x	prepared and filed pleadings against city for self and mother, represented mother in court, mother hired attorney and filed UPL complaint
04SA393			x		x	x	advertised as attorney in Spanish phonebook, gave legal advice, received fees
04SA394
04SA404
04SA405	x	x				x	held himself out as legal rep for client, prepared pleadings, assumed false identity of attorney
05SA059	x	x	x			x	acted as legal rep in motor vehicle accident case, prepared pleadings, explained docs, received fee
05SA067			x	x		x	prepared bankruptcy docs, gave bankruptcy advice, charged fees
05SA070
05SA156
05SA157			x		x	x	advertised as notario publico providing immigration services, selected and prepared immigration form for client
05SA158			x			x	prepared and filed immigration docs, advertised immigration law assistance
05SA374	x	x	x			x	found clients in court records, negotiated debt settlements, charged fee
06SA001
06SA180
06SA205	x		x			x	agreed to select, prepare and file immigration docs for client, received fees, gave immigration advice
06SA207
06SA309	x		x		x	x	advertised as immigration consultant, acted as legal rep, prepared immigration and divorce docs, charged fees
06SA310	x		x			x	advertised estate planning services, held seminars, prepared estate plans
07SA077	x		x		x		represented clients in criminal cases, claimed to be authorized in tribal courts
07SA162	x	x	x		x	x	paralegal, filed court pleadings for client, acted under Power of Attorney, POA does not authorize practice of law
08SA044
08SA065	x	x	x		x		held himself out to be attorney, represented clients, negotiated settlement
08SA101					x	x	operated stores that sold legal forms, client paid $499 for living trust to be typed into standard WTP living trust form, gave client living trust workbook, requested client fill in personal info to draft trust, did not show trust form to client
08SA190							advertised as attorney, did not represent clients
08SA249
08SA324	x	x					debt collection
08SA367			x		x	x	held herself out to be an attorney, selected and prepared immigration forms, gave legal advice on immigration
08SA408	x				x	x	law school graduate, not licensed to practice law, used Esq after name, formed LLC to buy foreclosures, filed statement with county showing fees for legal research, negotiations, filing pleadings, used fictitious name, convicted of impersonation, sentenced to 2 years in DOC
09SA002
09SA003	x		x		x		advertised law offices, accepted retainer to assist in immigration matter and represent client in court
09SA018					x	x	advertised, selected and prepared immigration forms
09SA043	x	x	x		x	x	gave legal advice, prepared complaint and pleadings for landlord-tenant case, attended hearings and explained them, sought attorney fees
09SA065		x			x	x	advertised document preparation services, selected and prepared pleadings for fee
09SA067	x				x		advertised under attorney referrals, received fees to represent client on child support case, did not work case, client received refund
09SA080		x	x	x	x	x	advertised as Certified Attorney Assistant, paralegal office, legal services, legal advice, legal doc preparation, bankruptcy docs
09SA115		x			x	x	advertised as advocate group for pro se litigants, prepared legal pleadings for clients, charged fees
09SA120	x		x		x		gave legal advice to client about case, received payment, held himself out to be an attorney
09SA122	x	x	x		x		advertised on CraigsList, business card said JD, legal advocate, negotiated car accident settlement for client with insurance company, received check, solicited appeal work
09SA131		x	x		x	x	paralegal at law office, gave legal advice, wrote letters and pleadings for client, received fee
09SA268		x	x			x	selected and prepared legal docs for client in collections lawsuit
09SA365			x		x	x	website advertised legal advice and preparation of immigration docs, incorrect forms and preparation
09SA366, 11SA053	x	x	x				represented inmate in criminal case as lay advocate/legal consultant, contempt for failure to obey injunction
09SA372	x	x	x			x	prepared bankruptcy petitions, presented pleadings in court
10SA035			x			x	assisted in selection and preparation of legal forms, including immigration docs, received fees
10SA064
10SA066	x	x				x	represented client in court cases, filed pleadings, acted under POA, POA does not authorize practice of law
10SA067			x		x	x	gave legal advice, selected and prepared legal docs, held himself out as legal counsel, pled guilty to criminal charges, sentenced to 10 years in DOC, $590,000 restitution
10SA153
10SA154	x		x			x	prepared and sold living trusts
10SA155			x			x	provided immigration doc assistance, selected and prepared immigration forms
10SA156
10SA297
10SA300	x	x			x	x	paralegal, prepared pleadings for debt collection lawsuit, received payment for legal fees
10SA301			x		x	x	advertised paralegal services assisting with doc preparation, help for pro se litigants, selected and prepared various legal forms
10SA380	x		x		x	x	selected and prepared immigration forms for client, received fees, forms rejected by USCIS
10SA390
11SA061
11SA074	x	x					negotiated mortgage loan modifications for clients with lender
11SA146	x		x		x		acted under power of attorney to represent estranged wife in controversy with bank, POA does not authorize practice of law, advertised debt resolution services
11SA150						x	selected bankruptcy forms for client, charged fee
11SA151	x	x	x			x	selected and prepared immigration docs for client,
11SA154	x	x	x				filed lawsuits against city for self and 2 others
11SA263	x	x	x			x	selected and prepared immigration docs for clients, gave legal advice
11SA266 (Consolidated with 12SA56 & 12SA153)
11SA270	x	x			x	x	business card said legal help, advertised bankruptcy services in phonebook, received payment to help clients file bankruptcy, selected and prepared bankruptcy forms
11SA359
11SA360					x	x	advertised immigration service, selected and helped prepare immigration forms
12SA057
12SA058		x	x			x	selected and prepared motion for client in immigration proceedings
12SA147	x	x					represented client in careless driving, DUI case
12SA150
12SA151
12SA152
12SA268
12SA270
12SA271
12SA272
12SA276 (Consolidated with 12SA146)
12SA277
12SA354
13SA122
13SA242
13SA250
13SA291
14SA054
14SA055
14SA056
14SA169
14SA251
14SA278
14SA282
14SA283
14SA368
15SA052
15SA055
15SA245
15SA267