There is a fascinating dichotomy in thinking developing with regard to just who can offer legal services to the public. A few weeks ago, Governor Dannel Malloy signed a bill which raised the penalty for the unauthorized practice of law by non-lawyers to a felony.
While lawyers had been pushing for several years to increase the penalty, they never made it across the finish line until the Chief State's Attorney joined the fray. He pointed out some really egregious cases where suspended lawyers or persons who were simply scammers had taken serious money for worthless legal services. He argued that even though there had clearly been conduct deserving criminal prosecution, under the then existing regime the penalty was so minimal that he could not justify devoting his limited prosecutorial resources to the effort. He was joined at the legislature by representatives of the Connecticut Bar Association who argued that real harm was being done to the public, there were few responding to the problem and increasing the jeopardy would have a deterrent effect.
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