Practicing Law without a License over the Internet John Smith is a US citizen who is ordinarily a resident of California who is not and never has been admitted to the bar in any jurisdiction. He is travelling in the UK, and gives legal advice on British law over the Internet to Jane Doe, another US citizen, who is in California. Under the Legal Services Act 2007, giving legal advice is not a reserved activity and thus no crime is committed by Smith in the UK. In California, however, practicing law without a license is an offence under sections 6125-6133 of the California Business and Professions Code. The relevant statute states: No person shall practice law in California unless the person is an active member of the State Bar. Smith is not physically in California. However, does giving advice over the Internet to a person in California amount to being punishable under this statute? Furthermore, do any of the following variations, or combinations thereof, substantially change the answer? Smith gives legal advice on California law, not British law. As a variation on this, Smith gives legal advice on California law to Doe, who is in Nevada, not California. Smith is a US citizen who is ordinarily a resident of Massachusetts, and has never been to California. Smith uses a different method of communication (e.g. a phone). I suggest California as a jurisdiction for purely arbitrary reasons; if a different state is easier to answer for (or is unusual compared to the rest of the US), that would also be interesting to know.
It's a gray area. You won't know for certain until a case is tried by a court. Regulatory bodies are notoriously assertive on the matter of jurisdiction. If there is a gray area, they often assert jurisdiction first, then let the judiciary limit their authority. Also, if you try to ask the regulatory body for an opinion or "permission" in advance (as a prudent person might think to do), they might offer you one if you are lucky. But they will most likely qualify it as "non-binding." In other words, they give themselves wiggle room to change their mind at a later time to file an action against you. The long and short of it is, the scenario you describe is likely to at least cost John Smith a fortune in legal fees to litigate the matter with the California authorities. So it would be prudent not to give the advice in the first place. Even if he were to ultimately eventually prevail on the action.
Under United States law, it is not illegal to simply make an account on a forum where criminal activity takes place. The closest thing I can think of would be misprision of felony (AKA failure to report a crime), which requires active concealment (see United States v. Johnson, 546 F.2d 1225 (5th Cir. 1977)). Simply observing evidence of criminal activity and not reporting it would not qualify. However, if that forum also contains material that is illegal to posses (such as child sexual abuse material), downloading that (even by simply viewing it using your browser) could be a crime. I would note that I am specifically not advising you whether or not doing any of the other things, like making and publishing tutorial videos on how to access such sites, is likely to get you into trouble with the law. If you want that sort of legal advice, you should contact a lawyer, as the advice is going to be very specific to the exact details.
For state courts, it depends on the state. Pro hac vice appearances like this are probably most common in New York, in relation to international commercial disputes. It is also common for foreign attorneys to take the New York bar exam - several thousand people do that each year - in which case they have a springboard to appear pro hac vice in other states. The NY exam is well-understood in this way, in terms of training and support that might be offered in the country of origin. But one-off appearances, particularly by in-house counsel, also take place routinely. Many states, including California, also have a category of &quot;foreign legal consultant&quot;, someone who is retained to advise on the law of the specific foreign jurisdiction in question, but who isn't allowed to appear in court. In the current version of the California Rules of Court, pro hac vice is covered in Rule 9.40. On its face, this rule only applies to attorneys who are &quot;eligible to practice before the bar of any United States court or the highest court in any state, territory, or insular possession of the United States&quot;. There is a broad exception in 9.40(h), This rule does not preclude the Supreme Court or a Court of Appeal from permitting argument in a particular case from a person who is not a licensee of the State Bar, but who is licensed to practice in another jurisdiction and who possesses special expertise in the particular field affected by the proceeding. &quot;Another jurisdiction&quot; is not facially limited to U.S jurisdictions, so it may be that the higher state courts could admit a foreign attorney. I do not know of an example either way. In general, California's licensing requirements for lawyers have often been strictly interpreted. The State Bar Act (Business and Professions Code, 6000-6243) says that: No person shall practice law in California unless the person is an active licensee of the State Bar. An attorney appearing pro hac vice is temporarily registered with the State Bar once their application has been approved by the court. This general licensing regime, which aims to protect the public against dishonest or incompetent practitioners, has been held (e.g. in Birbrower v. Superior Court 17 Cal. 4th 119 (1998)) to imply a strong public policy favoring the practice of law in California by licensed State Bar members. Occasional admission pro hac vice does not extend to doing regular legal work of other kinds, including giving legal advice, preparing documents, and so on - and certainly not to maintaining a permanent physical office in California, or advertising to the public. If you would like to do those things then the state would like you to take their own bar exam, in which case (if you pass!) you are in the same situation as any other California lawyer. There is a fairly recent exception for international commercial arbitration (not applicable to normal arbitration about things like disputes over personal property). The Code of Civil Procedure, 1297.185, now says that if you are a member of a recognized legal profession in a foreign jurisdiction, the members of which are admitted or otherwise authorized to practice as attorneys or counselors at law or the equivalent, and meet various other conditions, then you can participate in arbitration work on a &quot;fly in, fly out&quot; (FIFO) basis. You don't need to register or pay a fee. (But, per 1297.187, you still need pro hac vice permission to appear as counsel in an actual court.) Additionally, if you FIFO, the Federal government will have visa requirements at the point you try to FI.
In California, the small claims court has jurisdiction over claims up to $10,000. In order to have personal jurisdiction over him: He must have a summons and complaint hand delivered to him (or to certain other people such as an adult who lives in his household, or to his secretary if he has one). This is called "service of process" and there are professionals called "process servers" who can do this for you in most cities. The service of process can take place anywhere in the world and still be valid. The summons and complaint must be hand delivered by a person over the age of eighteen who is not a party to the lawsuit and is not your attorney. The events that form the basis of the lawsuit must have happened in California, not merely the United States (long arm personal jurisdiction), or he must have the summons and complaint personally hand delivered to him in the State of California (tag jurisdiction). If you win, either by default if he fails to respond by the deadline, or following a trial, you will get a piece of paper called a judgment that legally determines that he owes you $X, which you must then enforce. A judgment can be enforced, for example, by garnishing his bank accounts, garnishing monies due to him from an employer or from a sole proprietorship he operates, seizing tangible personal property that he owns with the assistance of a sheriff, or putting a lien on real estate he owns. A judgment from a California small claims court can only be enforced against assets in California. There is a relatively simple process for having a judgment from California turned into a judgment from any other U.S. state. There is a relatively difficult and expensive process for having a judgment from California turned into a judgment from England that only sometimes works because some aspects of the U.S. civil court system (like punitive damages) are considered to be against public policy in England and are thus not enforceable there. You cannot have someone arrested for failure to pay a civil judgment. Enforcing the judgment is likely to be much more difficult than getting the judgment in your case. It is also possible to make a criminal complaint if the acts genuinely constitute theft. If a prosecutor finds that there is probable cause to back up your claim, the prosecutor could obtain an arrest warrant from the court in the place where the theft took place and that could be served within California when the individual is present in California (i.e., he could be arrested in California, after which the criminal justice process would proceed). Generally, to constitute theft, it must be intentional and must not be a mere breach of an agreement, in which case it is a breach of contract rather than theft. Any theft small enough to be addressed in small claims court would probably not be considered serious enough for the government to request extradition from the U.K. for, a step usually reserved for serious felonies, but if extradiction was sought from the U.K., the process on the U.K. side is described here. Any extradiction request would be handled by the prosecutor's office and law enforcement, in cooperation with federal law enforcement agencies.
"Legal requirement" can and in this case simply means "it's what is required in order for us to be reasonably able to offer you this service", noting that it would be unreasonable for such a dangerous business to operate, when one moron slipping and suing them could put them out of business. It's a little surprising that you've never had to sign a waiver before, but there are quite a number of similar waivers out there, such as REI (Seattle), The Edge (Vt), Croc Center (Coeur d'Alene), YMCA (MI) and U. Nebraska. They all have in common the requirement of a signature (indicating that you've waived your right to sue them), birth date, date of signature. This is the bare minimum that's required to have a valid waiver, and more info would be better (to uniquely identify the customer out of the 1000 John Smith's in the state and 500,000 in the US). If you break yourself and try to sue, they will trot out the waiver to put an end to the suit. Name, address, phone number and birth date do a long ways towards proving that the person who signed the waiver is indeed you.
This was attributed to Dumblaws.com, which is now mercifully nonexistent. It is false, as is the supposed law against fishing for whales on Sunday (seriously? Whales in Ohio?). If someone makes such a claim and gives a specific citation like &quot;ORC 1533.02&quot;, you can look that law up. Otherwise, you can go to the state's repository of laws, which is searchable (not all states are as enlightened). No laws mention &quot;whale&quot; or &quot;housefly&quot;, and only 23 address &quot;fly&quot;, only referring to insects in a couple of cases where e.g. bakery showcases must keep out dust and flies. You might take on this collection, hosted by a law firm. I haven't bothered to check if &quot;It is illegal to drive a camel on the highway&quot; in Nevada – that a least verifiably refers to a law that did exist.
The answer from @user6726 is a good one. But, I'd like to add to it by pointing out that the body of law applicable to an individual is usually much, much smaller than the entire body of law. I'm a lawyer who has been in private practice for almost 25 years with an extremely diverse practice compared to the average lawyer, and I've never even looked at perhaps 80% of the laws on the books in the states where I practice, and even less elsewhere. By statutory and regulatory volume, the vast majority of statutory and regulatory law is applicable to either the internal operations of government, or to the way in which regulated industries and business transactions are conducted. And, it is customary for people in situations in all of those situations to have professional intermediaries such as lawyers, realtors, brokers, architects, general contractors, accountants, tax preparers, and consultants to assist them in complying. Some of the more technical areas encountered by average people (e.g. traffic laws) are areas in which training is mandated before you can get a driver's license. Many other areas of occupational and industry regulations are similarly distinguished by having a licensing requirement to make sure that everyone involved knows that a new body of law applies to them. You only need to know about nuclear power plant regulations, for example, if you build a nuclear power plant and will soon learn if you try to do so that you need a license to do that. Even within areas of law that have broad applicability like tax law and criminal law, a lot of the law has only narrow application. For example, most people don't need to know the rules for determining the taxable income of a life insurance company, or the criminal laws pertaining to people who have security clearances to review top secret national security information. The body of &quot;private law&quot; governing the rights of individuals vis-a-vis other private individuals, and of criminal law that an ordinary person is in a position to violate, is very modest. And much of the law in this area is devoted to determining how serious an offense is and what the penalty should be, and what law enforcement is allowed to do in order to investigate these violations, and not to what is legal and illegal in some regard. For example, intentionally, recklessly or negligently offensively touching or causing injury to someone else's property or person, is almost always either a crime and/or a civil wrong called a tort for which you can be sued. Some versions of this conduct are more serious (e.g. rape or murder), some are less serious (e.g. pinching someone on Saint Patrick's Day for not wearing green). But the overriding concept, once you strip away the details, is pretty simple. Likewise, damaging or taking property that isn't yours, intentionally, recklessly or negligently, is almost always either a crime and/or a civil wrong called a tort for which you can be sued. Add the notion that you have to honor your promises in most circumstances and shouldn't lie or deceive in most circumstances, you have to follow authoritative signs and directions from legal authorities, and you have to figure out if you owe income taxes or not each year with professional help, if necessary, and you are well on your way to knowing what you need to know to obey the law. Even within &quot;private law&quot; there are lots of areas like patent law, product liability law, and oil and gas property rights, that the average person doesn't need to know. Knowing that if you are injured by someone else you should think about talking to a lawyer is usually good enough. These bare bones may prevent you from doing things that are legal close to the boundaries of what is allowed sometimes, but having standards higher than the bare legal minimum is rarely a deep impediment to living a decent life. It should also be enough to let you have some intuition that you are in a gray area and need to confer if you aren't sure if something is illegal or not. There are more complicated areas that many average individuals do have to deal with to some extent. The law governing privacy, copyright and speech comes to mind, for example. But, you can go a very long way on some very basic principles. Most law that applies to ordinary people flows from simple moral intuition.
According to Florida law 454.23: Any person not licensed or otherwise authorized to practice law in this state who practices law in this state or holds himself or herself out to the public as qualified to practice law in this state, or who willfully pretends to be, or willfully takes or uses any name, title, addition, or description implying that he or she is qualified, or recognized by law as qualified, to practice law in this state, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. What you propose therefore seems to be a felony. And according to a 2015 survey from the American Bar Association, Florida had the highest budget in the nation for prosecuting unauthorized practice of law - $1.8 million. So this seems like a very bad idea.