HB1433: HB1433 Courts; make certain acts of the unauthorized practice of law felonies and to provide for penalties

Georgia law already bars unlicensed practice of law under several Code sections in Title 15, Chapter 19, and currently treats all violations as misdemeanors. This bill rewrites the penalty section (O.C.G.A. § 15-19-56) so that violations of two specific sections, 15-19-51 and 15-19-53, become felonies rather than misdemeanors, while violations of the other two sections named in the law (15-19-54 and 15-19-55) remain misdemeanors. Under the new felony penalties, a first conviction carries one to three years in prison, a fine of $50,000 to $250,000, or both. A second or later conviction carries two to ten years in prison, a fine of $250,000 to $1 million, or both. The same felony penalties apply to officers, trustees, directors, agents, or employees of a corporation or voluntary association who take part in or assist with the prohibited conduct. Being a licensed attorney does not excuse the corporation or protect against contempt charges. The changes would take effect July 1, 2026, and apply only to offenses committed on or after that date.

• Reclassifies violations of O.C.G.A. §§ 15-19-51 and 15-19-53 (specific unauthorized practice of law offenses) from misdemeanors to felonies.
• Sets a first-offense felony penalty of one to three years in prison, a $50,000 to $250,000 fine, or both.
• Sets a second-or-later-offense felony penalty of two to ten years in prison, a $250,000 to $1 million fine, or both.
• Applies the same new felony penalties to corporate officers, trustees, directors, agents, or employees who engage in or assist with the prohibited conduct.
• Keeps violations of two other related Code sections (15-19-54 and 15-19-55) as misdemeanors.
• Sets an effective date of July 1, 2026, applying only to offenses committed on or after that date.

Anyone who engages in unauthorized practice of law under Georgia's Title 15, Chapter 19 statutes, including individuals, corporations, and voluntary associations, as well as their officers, trustees, directors, agents, and employees who take part in or help with the prohibited conduct.

People or organizations found to have violated the two specified sections would face felony convictions, prison sentences of one to ten years depending on prior offenses, and fines reaching as high as $1 million, a substantial increase from the current misdemeanor treatment of these offenses.

• Section 1 rewrites O.C.G.A. § 15-19-56(a) and (b), keeping misdemeanor penalties for violations of Code Sections 15-19-51, 15-19-53, 15-19-54, or 15-19-55 and for corporate officers or employees who assist such violations.
• Section 1 adds new subsection (c), making violations of only 15-19-51 or 15-19-53 felonies with tiered prison and fine penalties for first versus repeat convictions.
• Section 1 adds new subsection (d), applying the same felony penalties to corporate officers, trustees, directors, agents, or employees involved in violations of 15-19-51 or 15-19-53.
• Both new felony subsections state that being a licensed attorney does not excuse the prohibited conduct and does not bar contempt proceedings against the corporation or its officers.
• Section 2 sets the effective date as July 1, 2026, applying only to offenses committed on or after that date.
• Section 3 repeals any conflicting laws.

1. 2026-03-04House Committee Favorably Reported (House)
2. 2026-02-26House Second Readers (House)
3. 2026-02-25House First Readers (House)
4. 2026-02-24House Hopper (House)

• Joseph Gullett (R, HD-019)Primary sponsor
• James Burchett (R, HD-176)

• unauthorized practice of law
• legal penalties
• felony charges
• courts and legal system