HB 1433: Courts; make certain acts of the unauthorized practice of law felonies and to provide for penalties
Última acción: 4 de marzo de 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.
Los resúmenes de abajo son traducciones de resúmenes en inglés escritos por un modelo de IA (claude-sonnet-5) a partir del texto del proyecto de ley; no forman parte de él. El proyecto de ley está en inglés. Cite el texto, no el resumen. El texto almacenado es la versión Introduced, la más reciente que tiene LegiScan.
El resumen en español de este proyecto de ley se está preparando. Mientras tanto se muestra el resumen en inglés.
En lenguaje claro
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.
Qué hace el proyecto de ley
- 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.
A quién afecta
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.
Por qué importa
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.
Disposiciones clave
- 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.
Del proyecto de ley
“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.”
Cronología del estado
- House Committee Favorably Reported (Cámara de Representantes)
- House Second Readers (Cámara de Representantes)
- House First Readers (Cámara de Representantes)
- House Hopper (Cámara de Representantes)
Patrocinadores
- Joseph Gullett (R, HD-019)
- James Burchett (R, HD-176)
Temas
- unauthorized practice of law
- criminal penalties
- Georgia courts
- legal profession regulation