The Legal Implications of Practicing Without a Law Degree

Do You Need a Law Degree to Become a Lawyer?

Lawyers in the U.S. are licensed by each state or territory, so the requirements vary from jurisdiction to jurisdiction. In almost all states, however, it is necessary to have a law degree before you can be officially licensed to practice law.
Most states require candidates for admission to the Bar to have a J.D. degree from an American Bar Association (ABA) or American Association of Collegiate Registrars and Admissions Officers (AACRAO)-approved law school. A few states allow candidates to take the Bar without attending law school if they have completed an ABA-approved apprenticeship program, with the most well-known example being the Limited License Legal Technician (LLLT) program in Washington State .
The exceptions include California, Vermont, Virginia, and Washington, where people can sit for the state Bar exam after completing a legal study apprenticeship with a lawyer or judge.
California’s Legal Apprentice Program is unusual in that it does not require the supervising attorney to be certified, but there are two other programs by which attorneys can supervise students and certify their progress. The other states require a lawyer to supervise the student but also have some variations on certification.

How the Law Defines Practicing Law

The common law definition of the practice of law is making strategic decisions and generally controlling a legal matter on behalf of a client. Practicing law, therefore, typically involves providing legal advice or counseling, preparing legal documents, representing individuals in court, administrating estates, and serving as a fiduciary. In the case of an attorney-client relationship, the practice of law additionally requires that the lawyer engage in these activities on behalf of a client and commit the time necessary to maintain communication with that client.
In New York, where the medical license cases originated, most of the legal duties outlined above are considered the practice of law. A few other states have similar definitions of the practice of law. Keeping in mind that state law varies widely, other definitions have been crafted that do not include the provision of any type of legal advice to a client.
As a threshold matter, the Supreme Court of the United States in Sperry v. Florida, 373 U.S. 379 (1963), in an opinion written by Justice Potter Stewart, held:
"It is an accepted principle that state statutes regulating the practice of professions do not control the conduct of such professions on federal territory. Determination of what is the practice of law by a lawyer may be made only in the light of federal laws; and (according to the Florida Supreme Court) the restrictions of the Florida statute upon the practice of law ‘cannot be considered to create any offense against the United States, either in the Navy Department or in the Coast Guard.’"
California takes the position that the practice of law is when legal advice is provided to any third party without a valid legal license. In other states, the practice of law can include the provision of advice or other forms of advocacy, such as the following:
The law of the states can be divided into three categories. In the first category, a state does not regulate activities that are often thought to be the practice of law. The next category includes states that have a specific list of activities where no one should engage in these activities if he is nor licensed. The third category uses a terminable generic definition of the practice of law as a catchall provision.

Practicing Without a Law Degree and Its Consequences

Individuals found to be guilty of practicing law without a degree or otherwise misrepresenting their status as lawyers can face a wide range of consequences, both legal and professional. Professionally, the individual may face a number of disciplinary actions by the state bar association, ranging from official censure to being banned from practicing law altogether. If the individual has benefitted financially from their misrepresentation, the state may seek to recuperate any funds made as a result of such misrepresentation. Legally, individuals can be charged under civil or criminal statutes. For example, an individual may be charged with the crime of "unauthorized practice of law." In many states, this is a misdemeanor offense and may result in a fine and a warning from the bar. However, in aggravated circumstances such as repeat offenses, these charges can be elevated to felony-level offenses that may result in a term of imprisonment. Some states have disbarment laws that automatically impose penalties for repeat offenses as well. In addition, parties who were unknowingly represented by individuals who are not really lawyers may have grounds for a malpractice suit. Generally speaking, when a licensed attorney represents someone, they agree to uphold a reasonable standard of care in that representation, and are expected to inform the client of various risks and rights immediately upon being retained. A person who represents themselves as an attorney is held to the same standard and can be considered professionally negligent in this regard: if they fail to live up to their obligation to inform the represented party of any potential issues or advise them on their options, they can be held liable for malpractice.

Legal Careers That Don’t Require a Law Degree

While a law degree sets you up for the widest range of upward mobility within the legal system, it is not the only way into the practice of law. Lawyers and judges are no longer the only professionals with legal backgrounds influencing the law and its applications in American society.
Paralegals can be found in all kinds of legal practices. They do much of the same work an attorney does for a fraction of the pay. Lawyers contract paralegals to manage cases, perform research, and prepare a lot of documentation. Also, paralegals tend to charge by the hour and make approximately one-third of what a properly managed attorney does in the same time. An entry-level paralegal can expect to make about $50 , 000 a year. Many of them get additional certification to boost their own billing rates.
Legal consultants are sometimes hired by judges to help them evaluate cases. A legal consultant trains judges on elements of the law so they can process motions more quickly.
Some paralegals and legal consultants go on to become compliance officers. Compliance officers help monitor regulations, requirements, and professional standards in large institutions. Their role was largely due to the Sarbanes-Oxley Act of 2002 passed in the wake of Enron. Compliance officers also report on the regulations as they impact the business model of the company.
Controls specialists help corporations notice issues, discover fiduciary violations, and leverage payouts when they do find fraud. Then they help strengthen those areas as they go forward.
Estate planning specialists, import/export managers, and even interpreters can be found in the legal system without the official degree. If any of these occupations interest you, try talking with a recruiter specializing in your area of legal knowledge.

Education in Becoming a Lawyer

Traditionally, a student interested in becoming a lawyer needs to follow an undergraduate education with a law degree. After graduating from law school, the next big step is passing the associated bar exam to be eligible to practice law.
Undergraduate studies can vary significantly in subject matter and length. Specific courses are sometimes recommended or required by law schools, but they do not necessarily need to be in specific disciplines. For example, while many schools do not require a specific area of undergraduate study, prospective law students often consider political science, rhetoric, philosophy, or economics. Some schools even allow for law school applicants to have studied classical civilizations, liberal arts, or public policy. However, psychology, criminal justice, environmental science, and business administration are also common majors among law school applicants.
The next step is typically three years of law school. American Bar Association (ABA)-accredited law schools offer a Juris Doctor (J. D.) degree. Applicants to these schools, which include almost all of the top schools, need to hold a bachelor’s degree from an accredited school. Pass rates for graduates of ABA-accredited law schools on the bar exam are much higher than for other law school graduates. Schools not accredited by the ABA may only require two years of college completion. Since there are so few of these schools and their graduates must meet other criteria, most students attend ABA-accredited schools.
There are some other options for people interested in attending law school. If prospective students meet additional requirements, including completing other coursework, finish a two-year program, or are experienced professionals, some schools allow students to complete a two-year evening program to earn a J.D. Candidates enrolled in these programs are part-time students.
Many prospective students elect to take a pre-law program during their undergraduate studies so they better understand the law school process. The LSAT (law school admission test) was given by many schools in the past, but most law schools no longer use it as a requirement. Instead, they may require the LSAT or GRE (graduate record examination), a graduate school equivalent to the SAT or ACT.
Most lawyers complete the bar exams that correspond with the states where they practice. All states require prospective lawyers to pass the bar examination to practice law in that state. Many states have multistate tests that allow attorneys with a license in one state to easily gets licenses in another.

Changes and Exemptions In How Lawyers Are Practicing Law

Over the past few years, the traditional requirements to take the bar and become licensed to practice law are beginning to shift. Historically, the only way to practice law in this country was to meet the educational and other requirements set forth by the state where you plan to practice in and pass the bar exam. A diploma privilege or diploma privilege to take the bar exam was only granted in Wisconsin.
In April 2015, the North Dakota Supreme Court issued an order that allowed applicants with a JD from an ABA-accredited law school to practice law without taking the bar exam. Through this plan, applicants still have to meet the requirements laid out by the North Dakota Supreme Court such as completing all of the pre-admission requirements like a background check, demonstrating good moral character, satisfying the requirements for community service, filing an application and providing documentation that they graduated from an ABA-accredited law school.
Until recently , Wisconsin was the only state with a partial diploma privilege that granted a diploma privilege to practice law in Wisconsin if applicants graduated from an ABA-accredited law school. The Wisconsin Bar Exam of 2016 is the last exam where waiver from taking the exam was available if applicants graduated from an ABA-accredited law school and met certain requirements.
A diploma privilege has never been extended to graduates of non-ABA-accredited law schools in Wisconsin. However, as more states expand the ability to practice law without sitting for the bar exam graduates of foreign law schools and graduates of American Bar Association (ABA) accredited Law Schools can now get licensed to practice law without taking the bar exam. Since July 2019, applicants who graduated from non-ABA-accredited law schools and can demonstrate their coursework met ABA standards can petition the Board of Bar Examiners to be allowed to take the Wisconsin Bar exam.
Online legal services companies are poised to help those who cannot afford to hire traditional lawyers. One such example is Rocket Lawyer. There are many sites like this that help the general public with legal advice.