UPL now buys a felony charge: same holds for suspended attorneys who still practice.

The prohibition against nonlawyers and disbarred or suspended attorneys performing unauthorized legal work just got a lot more serious than facing sanctions from The Florida Bar or a Supreme Court injunction.

On October 1, a state law went into effect raising the penalties for the unlicensed practice of law from a first degree misdemeanor to a third degree felony. That means violations are punishable by up to five years in state prison and a $5,000 fine, in stead of one year in county jail and a $1,000 fine.

The bill began after members of the House Judiciary Committee expressed concern almost two years ago about nonlawyers taking advantage of their constituents by charging them exorbitant fees and then doing little if any work.

As passed, the legislature addressed all three sections of a state law on UPL. That included nonlawyers who deliver unauthorized legal services, anyone--lawyer or nonlawyer--who knowingly assists a suspended or disbarred lawyer performing legal services, and disbarred or suspended lawyers who continue to practice. It raised the penalties for all three sections from the misdemeanor to felony level.

The new law will not mean any changes in the Bar's UPL or disciplinary operations. The UPL Department will continue to seek cease and desist agreements and Supreme Court injunctions against unlicensed practitioners, and indirect criminal contempt citations for those who violate the injunctions. Lori Holcomb, Bar UPL counsel, said the office also will continue its practice of referring the more egregious cases to state attorneys for prosecution.

In a typical year, the Bar investigates around 700 UPL cases, Holcomb said. Some are settled with cease and desist orders, others are dropped, and some wind up before the Supreme Court for injunctions. Many aside from the Bar's actions are referred to state attorneys, although the Bar has not kept statistics on the number, she said.

The referral results have been mixed. Some cases have not be prosecuted, but others have. Holcomb said cases that involve other infractions, such as fraud, theft, or forgery, are more likely to be prosecuted.

Ken Marvin, director of lawyer regulation for the Bar, said it is always the Bar's policy that whenever it runs across an illegal activity, whether it be a suspended or disbarred attorney continuing to practice or...