Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 1433: Courts; make certain acts of the unauthorized practice of law felonies and to provide for penalties
Last action March 4, 2026 · House Committee Favorably Reported
A Georgia House bill would make certain violations of the state's unauthorized practice of law rules a felony instead of a misdemeanor, with prison time and fines up to $1 million for repeat offenders.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Introduced version, the latest the General Assembly's website lists.
In plain language
Under current Georgia law (O.C.G.A. § 15-19-56), anyone who violates the state's rules against practicing law without authorization, including specific sections covering advertising as a lawyer and holding oneself out as one, faces only a misdemeanor charge. This bill would split those violations apart: some remain misdemeanors, but violations of two specific sections, O.C.G.A. §§ 15-19-51 and 15-19-53, would become felonies. The bill applies the new felony penalties both to the person, corporation, or voluntary association that commits the violation and to any officer, trustee, director, agent, or employee who directly or indirectly takes part in it. A first felony conviction would carry one to three years in prison and a fine of $50,000 to $250,000, or both. A second or later conviction would carry two to ten years in prison and a fine of $250,000 to $1 million, or both. Being a licensed attorney does not excuse the conduct or serve as a defense. The change would take effect July 1, 2026 and apply only to offenses committed on or after that date.
What the bill does
- Removes violations of O.C.G.A. §§ 15-19-51 and 15-19-53 from the existing misdemeanor penalty and creates a separate felony penalty for them.
- Sets a first-offense felony penalty of one to three years in prison, a fine of $50,000 to $250,000, or both.
- Sets a repeat-offense felony penalty of two to ten years in prison, a fine of $250,000 to $1 million, or both.
- Applies the new felony penalties to corporate officers, trustees, directors, agents, or employees who take part in the prohibited conduct, not just the organization itself.
- Keeps violations of O.C.G.A. §§ 15-19-54 and 15-19-55 as misdemeanors under the existing penalty.
- Sets the effective date as July 1, 2026, applying only to offenses committed on or after that date.
Who it affects
People, corporations, or voluntary associations that engage in unauthorized practice of law under Georgia's rules, along with their officers, trustees, directors, agents, or employees. It also affects licensed attorneys, since being a lawyer does not excuse or defend against the prohibited conduct.
Why it matters
Someone found to have violated the specified sections after July 1, 2026 could face years in prison and fines reaching six figures or more, instead of the misdemeanor penalty that applies today. This significantly raises the legal risk for individuals and organizations involved in unauthorized legal practice covered by those sections.
Key provisions
- Section 1 revises O.C.G.A. § 15-19-56 to keep misdemeanor penalties for violations of Code Sections 15-19-54 and 15-19-55.
- Section 1 adds new subsection (c) making violations of Code Sections 15-19-51 and 15-19-53 felonies with escalating prison terms and fines for repeat convictions.
- Section 1 adds new subsection (d) extending the same felony penalties to corporate officers, agents, and employees who participate in the prohibited conduct.
- Section 1 preserves language that being a licensed attorney is not a defense to these violations and that courts may still hold violators in contempt.
- Section 2 sets the effective date as July 1, 2026, applying only to offenses committed on or after that date.
- Section 3 repeals conflicting laws.
From the bill
“Any person, corporation, or voluntary association violating Code Section 15-19-51 or 15-19-53 shall be guilty of a felony and, upon the first conviction thereof, shall be punished by imprisonment of not less than one year nor more than three years, a fine of not less than $50,000.00 nor more than $250,000.00, or both.”
“For a second or subsequent conviction, the punishment shall be imprisonment of not less than two years nor more than ten years, a fine of not less than $250,000.00 nor more than $1 million, or both.”
Discussed in meetings (5)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Judiciary Committee, March 4, 2026
From 0:45:02 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter said the bill would make unauthorized practice of law a felony punishable by one to three years, including violations involving corporate officers, trustees, directors or agents, with two to ten years for a second offense. One member described concerns that nonlawyers target residents whose first language is not English and asked whether stronger penalties would help. The presenter said Korean-speaking clients had reported receiving legal advice throughout their cases from people presenting themselves as attorneys who were not attorneys. Another member questioned a $50,000 minimum fine and whether the conduct involved falsely claiming to be an attorney rather than simply giving advice. The presenter defended the amount and said the examples involved people claiming to be attorneys. Another member said restitution takes priority over fines in sentencing. The vice chair mentioned a possible future proposal concerning conflicts of interest in representation of insured people, but offered no amendment. The committee approved the bill by voice vote, with no opposition heard.
House Judiciary Committee, March 5, 2026
From 0:46:47 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: During testimony on HB 289, residential closing attorneys described HB 1433 as a separate measure strengthening penalties for unauthorized legal practice. One witness said stronger penalties would protect real-estate consumers and people targeted by individuals falsely claiming to be attorneys. A second witness said existing enforcement was inadequate, and another described title problems that local attorneys must repair after improperly handled closings. At the chair's request, two commercial real-estate attorneys then addressed the bill directly. One opposed language that the witness said could make officers, agents or employees guilty of a felony, potentially reaching bankers and legal secretaries involved in multistate transactions. The other said the penalties would disrupt lending and commercial business and argued that regulation should remain with the Supreme Court. Asked about neighboring states, a commercial attorney said North Carolina uses misdemeanor penalties and South Carolina has a narrowly limited felony provision. Members noted that the bill had already advanced to Rules. The committee took no further action on it during this meeting.
House Rules Committee, March 6, 2026
From 0:37:37 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter said HB 1433 would increase penalties for practicing law without being an attorney from a misdemeanor to a felony while retaining the existing offense language. Asked what problem the bill addressed, the presenter cited people pretending to be lawyers, taking money from vulnerable people, and attempts to avoid Georgia's attorney requirements for real estate closings. Asked about opposition in committee, the presenter said they had not attended that hearing and did not know of opposition. Asked about the State Bar of Georgia's position, the presenter said the bill would give prosecutors a separate enforcement tool, but did not state the Bar's position. No decision was recorded.
Status timeline
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Joseph Gullett (R, HD-19)
- James Burchett (R, HD-176)
Topics
- unauthorized practice of law
- criminal penalties
- Georgia courts
- legal profession regulation