In re National Legal Professional Associates

National Legal Professional Associates (NLPA) (defendant) was a legal advisory organization that provided services to criminal defendants for a flat fee. NLPA held itself out as an expert in criminal law. NLPA advertised that it would not represent defendants or replace their attorneys but that it would (1) help ensure defense attorneys were doing their jobs, (2) provide case-status information, (3) be part of the defense team by supporting the defense attorney with additional research conducted by other licensed attorneys, and (4) answer defendants’ legal questions. NLPA also suggested that if a defendant’s attorney was unwilling to work with NLPA, the defendant should get a new attorney. Cash Whitmore and King Burden were charged in federal district court with distributing cocaine and incarcerated pending trial. The court appointed defense attorneys for both men. After being contacted by NLPA, each man’s mother paid NLPA $2,500 for pretrial consultation services. NLPA referred to this payment as a research fee. NLPA sent Whitmore and Burden copies of their case dockets and public articles on criminal-law topics potentially relevant to their cases. Some articles contained outdated, inaccurate information. Whitmore asked NLPA specific legal questions. Whitmore said he would have asked his lawyer but lacked a way to call him. NLPA provided additional articles on subjects relating to Whitmore’s questions and later sent him an article about a recently decided case. Whitmore and Burden both asked the court to appoint new attorneys. The men’s current attorneys had done excellent work, and the court questioned them both about their requests. After learning about NLPA, the court asked a magistrate to investigate. The magistrate issued an order asking NLPA to show cause why it should not be sanctioned for unauthorized practice of law. NLPA conceded that it was not authorized to practice in that federal district but argued it was not practicing law because it was merely providing (1) publicly available information and (2) general legal information, similar to selling a book on a legal topic. The magistrate recommended that the district court find that NLPA was not practicing law. The district court reviewed the matter.