State Bar of California issued the following announcement on Feb. 9.
The State Bar has seized the practice of Anthony David Urbano, a Sacramento man recently released from parole who engaged in the unauthorized practice of law under the business name “Jailhouse Lawyer 360,” announced George Cardona, the State Bar Chief Trial Counsel, today.
Urbano charged incarcerated clients and their families for legal services he has no State Bar license to offer. The Superior Court of Sacramento County issued an interim order on Tuesday, which allowed the State Bar’s Office of Chief Trial Counsel (OCTC) to assume jurisdiction over Urbano’s unauthorized practice of law (UPL). In accordance with this order, OCTC, with the assistance of the California Sacramento Metro 2 Parole Unit, seized 20 boxes containing hundreds of client files and records of former clients, along with three iPads and an iPhone from Urbano’s business, which he operated out of his Sacramento home.
“Incarcerated individuals and their families are in a vulnerable and often desperate predicament, and to have someone take advantage of that by selling legal services they are not authorized to provide is illegal,” said Cardona. “OCTC is doing everything in our power to shut this sham operation down, and this ruling helps us do that.”
Despite previous cease and desist warnings from the State Bar to shut down his illegal operation, as well as complaints from a licensed attorney and a duped client, Urbano continued to operate and was able to get his illegal business material in front of inmates. He argued to the State Bar that he is allowed to give legal advice to inmates as a then parolee. Under California law, inmates can help other incarcerated individuals fill out habeas corpus briefs and other legal documents, but they must be incarcerated at the time of the assistance, and they cannot charge for it. Urbano does not meet either of those requirements.
In one complaint, the fiancée of a man incarcerated in a Northern California state prison contacted OCTC to say she reached out to Urbano after her fiancé saw an advertisement from the “Jailhouse Lawyer 360.” Thinking he was an attorney, she entered into a contract with Urbano and sent him $1,174 in advance. When she discovered that he wasn’t a lawyer, that "jailhouse lawyers" cannot charge a fee under California law, that Jailhouse Lawyer 360 was operating without a business license, and that the State Bar had issued Urbano prior cease and desist notices for engaging in the unauthorized practice of law, she demanded a refund and that he stop acting as a legal representative for her fiancé. He did neither.
Instead, she received an email from Jailhouse Lawyer 360’s “Finance Unit” stating her refund request was closed, and that Urbano would complete the work “as scheduled and as promised.” To this date, he has not refunded her money.
Clients or former clients of Anthony David Urbano or Jailhouse Lawyer 360 seeking the return of their client files may contact the State Bar’s dedicated bilingual phone number at 415-538-2348.
The State Bar has worked to shut down unlicensed individuals claiming to provide low-cost legal help to unknowing consumers.
A State Bar proposal intended to increase access to legal services includes recommendations that would address this pervasive problem and improve enforcement efforts against it. Recommendations include:
- Statutory amendments to allow for prosecution of UPL as a felony, with harsher penalties for violations and an extended statute of limitations for prosecuting cases
- Increased resources and funding for law enforcement and the State Bar to investigate and prosecute UPL
- Creation of a victim restitution fund for UPL victims
- Resources for consumer education that will help legal consumers avoid being victimized by UPL
People who have been targeted by someone who is not licensed to practice law can file an unauthorized practice of law complaint with the State Bar. There is no cost, and U.S. citizenship is not required; the State Bar will not ask complainants about their citizenship or immigration status. The online complaint form is available in English, Spanish, Russian, Chinese, Korean, and Vietnamese.
Additional State Bar resources for consumers:
- COVID-19 fraud alert
- Legal guides in seven languages, including guides for immigrants on seeking legitimate legal help and avoiding immigration fraud
- Immigration legal resources
Original source can be found here.