Unauthorized Practice of Law: What is it?
While the definition varies across state legislation, Unauthorized Practice of Law (abbrev: UPL) is commonly defined as the result of a non-lawyer entity engaging in the practice of law in a professional manner while not under proper authorization by the relevant BAR Association. While many caveats and exemptions exist, the primary motivation behind UPL charges is the intent to convince a client or business that one is properly authorized without the appropriate credentials, such as through illegal marketing tactics, previously disbarred lawyers who have not regained their status, or foreign entities unwilling to work through proper legal channels.
In the context of Timeshare Divestment, many salesmen, scammers, and self-proclaimed experts may claim to offer a way out of your Timeshare contract. But without proper credentials, these offers prove bogus and an unlicensed practitioner
would never be able to uphold your rights in a court of law. The salesmen put themselves at great risk to coerce you, as throughout most states, these false claims often correlate to very serious charges. Therefore, it is imperative
to understand the legislation regarding UPL, and how you can best protect yourself and provide a strong case against your resort.
UPL Statutes
Provided below is a list denoting the appropriate statute on UPL by state, and, when applicable, the resulting penalty for an infraction.
*Do note, that while UPL is often a serious crime, the states of Arizona, Delaware, Ohio, and Oklahoma have not granted the authority to their supreme courts to formally indict UPL cases, and instead, work through either their relevant Ethics committee, or require civil litigators to pursue the case.
