In Colorado, unauthorized practice of law means giving legal advice, drafting legal documents, or appearing in court for someone else without a Colorado law license. It is treated as contempt of the Colorado Supreme Court under C.R.S. 13-93-108, and the penalties include an unconditional fine, up to six months in jail, or both.1Justia. Colorado Code 13-93-108 – Practicing Law Without License Deemed Contempt That structure is unusual. Most states charge unauthorized practice as a misdemeanor prosecuted by a district attorney; Colorado routes it through the Supreme Court itself, because the court holds exclusive authority over who may practice law in the state.2Colorado Judicial Branch. Smith v. Mullarkey
What Colorado Counts as Practicing Law
Colorado has never adopted a single bright-line definition. Courts draw the line case by case, and the common thread is applying legal knowledge to another person’s specific facts. Three activities cross it consistently:
- Giving legal advice tailored to someone’s situation
- Drafting legal documents for another person
- Appearing in court on someone else’s behalf
Sharing general legal information or pointing someone toward a statute is not practicing law. The moment you start telling a specific person what the law means for their specific problem, you have crossed the line. That test — “am I applying the law to their facts?” — is the one to keep in mind.
The Office of Attorney Regulation Counsel (OARC), an independent arm of the Colorado Supreme Court, handles investigation and prosecution of unauthorized practice.3Office of Attorney Regulation Counsel. Office of Attorney Regulation Counsel
Why It’s Contempt, Not a Criminal Charge
Because regulating the practice of law is a power the Colorado Constitution gives the Supreme Court, unauthorized practice is handled inside that court’s own authority rather than in the criminal courts. C.R.S. 13-93-108 provides that anyone who holds themselves out as an attorney or appears in court for another person without a license is guilty of contempt of the Colorado Supreme Court.1Justia. Colorado Code 13-93-108 – Practicing Law Without License Deemed Contempt The OARC prosecutes the case, a hearing master takes evidence, and the Supreme Court decides the outcome. No district attorney, no criminal record in the ordinary sense — but real fines and real jail time are available.
Penalties: Fines, Jail, and Injunctions
Under Colorado Rule of Civil Procedure 107, punitive sanctions for contempt include an unconditional fine, a fixed jail sentence, or both. The maximum jail sentence is six months, unless the person has been advised of the right to a jury trial, in which case it can go higher. There is no statutory cap on the fine. In People v. Shell, the Colorado Supreme Court fined an advocate who had drafted pleadings and tried to represent parents in dependency and neglect cases $6,000 after prior warnings failed to stop her.4Justia. People v. Shell, 148 P.3d 162
Contempt also comes in a remedial form, designed to force compliance rather than to punish. If the court orders someone to stop practicing law and they keep going, it can impose ongoing fines or jail time until the person complies. Attorney fees and costs from the contempt proceeding can be assessed against the violator as well.
Separately, the OARC can seek an injunction through the Supreme Court to shut down unauthorized activity before or instead of a contempt fine. When the UPL Committee — the panel that reviews these cases — concludes the person is likely to continue, it first asks them to sign a voluntary agreement to stop. If they refuse, the Committee can authorize a petition for injunction, and the Supreme Court can issue a formal order barring further practice.5Office of Attorney Regulation Counsel. Unauthorized Practice of Law in Colorado – Overview Violating that injunction sends the case right back into contempt, with escalating penalties.
Civil Lawsuits From Clients
Contempt is only the public side of the exposure. Anyone harmed by unlicensed legal work can sue for damages. If a non-lawyer drafts a flawed contract, gives bad advice, or mishandles a filing, the client who relied on the work can seek compensation for financial losses. The person providing the services cannot fall back on professional malpractice insurance or the protections of the attorney-client relationship, because those exist only for licensed attorneys acting in that capacity.
Licensed professionals in other fields carry a second layer of risk. A real estate agent who starts advising clients on contract disputes, a tax preparer who moves into estate planning, or a financial planner who drafts trust documents can face discipline from their own licensing board on top of a UPL proceeding. That can mean suspension or revocation of the license they actually depend on for a living.
What Non-Lawyers Can Still Do
Several activities look like legal work but fall outside Colorado’s unauthorized practice rules. If you are trying to figure out whether your own situation is safe, these are the categories that matter most.
Represent Yourself
You can always handle your own legal matters. Doing your own research, drafting your own filings, and arguing your own case in Colorado courts is not unauthorized practice, and courts routinely accommodate pro se litigants.
Work Under Attorney Supervision
Paralegals and legal assistants can perform substantial legal work — drafting, research, client interviews — as long as they operate under a licensed attorney’s direct supervision. The attorney remains responsible for the work and the client relationship.
Licensed Legal Paraprofessionals
Colorado created a middle tier between full attorney and pro se. Licensed Legal Paraprofessionals (LLPs), authorized under C.R.C.P. 207.1, can independently represent clients in specific family law matters, including uncontested divorces, parenting plans, custody and support modifications, and spousal support.3Office of Attorney Regulation Counsel. Office of Attorney Regulation Counsel LLPs can draft documents, provide guidance, and appear in court in permitted matters. They are registered and regulated by the OARC and bound by professional conduct rules similar to those governing attorneys, including duties of candor and confidentiality.6Colorado Judicial Branch. Colorado Licensed Legal Paraprofessional Rules of Professional Conduct Complex or high-conflict cases can exceed their scope.
Real Estate Brokers Preparing Standard Forms
Licensed real estate brokers may fill out standard contracts and closing documents in transactions they are handling, even though the Supreme Court has acknowledged this technically is practicing law. The exception comes from Conway-Bogue Realty Inv. Co. v. Denver Bar Ass’n, where the court decided the public inconvenience of requiring a lawyer for every routine closing outweighed the risk. The permission is limited to standard forms, in bona fide transactions the broker is handling, with no separate charge for the document work. It does not cover giving legal advice about contract terms or drafting custom provisions.7Justia. Conway-Bogue Realty Inv. Co. v. Denver Bar Association
Lay Representation in Some Administrative Proceedings
Under Denver Bar Ass’n v. Public Utilities Commission, non-lawyers may represent others in legislative or non-judicial administrative contexts, such as rulemaking hearings, routine form completion, and low-value disputes. But when an agency resolves disputes of adjudicative fact — essentially acting like a court — appearing in a representative capacity requires a license.8Justia. Denver Bar Association v. Public Utilities Commission
Out-of-State Attorneys
Holding a law license somewhere else does not let you practice in Colorado. An out-of-state attorney who takes Colorado clients, opens a Colorado office, or holds themselves out as available to practice Colorado law is engaged in unauthorized practice unless one of these pathways applies:
- Pro hac vice admission in a specific Colorado case, typically with a Colorado-licensed attorney as local counsel
- Temporary practice under C.R.C.P. 205.1, available to a lawyer licensed elsewhere who has not established a home or regular office in Colorado and does not solicit Colorado clients
- Practice pending admission under C.R.C.P. 205.6, allowing up to 365 days of practice while a Colorado admission application is pending, subject to conditions
Remote work sits inside a narrow zone. A lawyer physically in Colorado who serves clients only in the jurisdiction where they are licensed generally does not violate Rule 5.5, provided they do not solicit Colorado clients or hold themselves out as practicing Colorado law.9Colorado Bar Association. Colorado Rules of Professional Conduct Rule 5.5 Any Colorado-specific legal matter changes the analysis and requires Colorado credentials.
Reporting Unauthorized Practice
The Office of Attorney Regulation Counsel investigates UPL complaints. You can file through the OARC website, call (303) 457-5800, or mail a written complaint to 1300 Broadway, Suite 500, Denver, CO 80203. Include your contact information, the name and contact information of the person you are reporting, a summary of the facts, and copies of any documents that support the allegation.5Office of Attorney Regulation Counsel. Unauthorized Practice of Law in Colorado – Overview
After the OARC confirms jurisdiction, it opens an initial investigation, and the accused may receive a copy of the complaint. Cases warranting deeper review go to a trial attorney inside the OARC. If the investigation finds no unauthorized practice, the matter is dismissed. If it does, the case moves to the UPL Committee, which decides whether to seek a voluntary agreement, an injunction, or contempt proceedings before the Supreme Court.