The Florida Bar v. Matus
528 So. 2d 895 (1988)
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Rule of Law:
A non-lawyer who holds themselves out as qualified to perform immigration services, gives advice on immigration matters, and offers to complete and file immigration forms for a fee engages in the unauthorized practice of law.
Facts:
- Dr. Francisco J. Matus, who was not a member of The Florida Bar, operated a business called Latinoamericana De Inmigracion, Inc.
- Matus advertised his business as a 'general immigration service,' offering assistance with services such as tourist visa extensions, student visas, political asylum, and residency.
- A Florida Bar staff investigator, Enrique T. Torres, visited Matus's office posing as a potential client seeking immigration assistance.
- Matus advised the investigator on the specific documentation and affidavits his 'girlfriend' would need to apply for permanent residence under a new amnesty program.
- Matus offered to complete the required amnesty documentation for a fee of $250.
- Matus also offered to file a tourist visa extension for the investigator for a $400 fee.
- Matus further proposed that for a fee of $3,000 to $5,000, he could arrange a marriage between the investigator and an American citizen and then file the necessary documentation for permanent residence.
Procedural Posture:
- The Florida Bar filed a petition with the Supreme Court of Florida, the state's highest court, seeking to enjoin Dr. Francisco J. Matus from the unauthorized practice of law.
- The Supreme Court of Florida issued an order requiring Matus to show cause why he should not be enjoined.
- Matus failed to answer or otherwise respond to the court's order to show cause.
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Issue:
Does a non-lawyer engage in the unauthorized practice of law by advertising immigration services, advising individuals on required documentation for immigration applications, and offering to complete and file immigration forms for a fee?
Opinions:
Majority - Barkett, J.
Yes. Respondent held himself out as legally qualified to perform immigration services, which constitutes the unauthorized practice of law in Florida. The court reasoned that preparing forms to change a person's immigration status requires legal training and detailed knowledge of complex immigration laws. Any failure to properly prepare such forms could result in severe harm, including deportation. Citing established precedent, the court affirmed that merely holding oneself out as an attorney or as possessing legal skills when not licensed is, by itself, the unauthorized practice of law. Because Matus's uncontested actions included advising on legal requirements and offering to prepare and file immigration documents, his conduct fell squarely within this definition.
Analysis:
This decision reinforces the state's authority to regulate the practice of law to protect the public, particularly vulnerable populations, from unqualified practitioners. It solidifies the principle that providing services related to immigration status is not merely clerical form-filling but constitutes the practice of law due to the complexity of the legal framework and the severe consequences of error. This case serves as a clear precedent for enjoining non-lawyer 'immigration consultants' who offer legal advice or document preparation, distinguishing such prohibited activities from permissible, non-legal assistance like translation.
