THE FLORIDA BAR, PETITIONER,
v.
ELIDA BECERRA, A/K/A ELIDA BECERRA DOMENECH, RESPONDENT

Fla. | 1995-10-12
No. 83787
GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.
661 So. 2d 299 Florida Supreme Court (1995) Positive Treatment
Cited by 5 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

The Florida Bar charged Elida Becerra with the unlicensed practice of law. The parties reached a stipulation, which the court approved, permanently enjoining Becerra from providing legal advice on immigration matters and requiring her to take specific affirmative steps, including making restitution and paying costs.


Holding

The court approved the stipulation, finding that Becerra had engaged in the unlicensed practice of law. She was permanently enjoined from such activities and ordered to comply with the affirmative steps outlined in the stipulation.


Headnotes

[1] Engaging in the unlicensed practice of law may result in a permanent injunction and restitution.

[2] Advising individuals on immigration matters, including rights, duties, and the preparation of relevant forms, constitutes the practice of law.

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Key Quotes

“In recognition that the preparation of forms to effect a change in immigration status requires legal training and familiarity with immigration laws and that failure to properly prepare the forms could result in great harm, including deportation, Respondent agrees as follows:”

This quote establishes the court's recognition of the complexity and potential harm associated with immigration law, justifying the need for licensed legal practice.

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Facts & Procedural History

The Florida Bar filed a petition alleging that Elida Becerra engaged in the unlicensed practice of law. The parties submitted a joint stipulation for …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This proceeding was initiated by The Florida Bar’s filing of a petition charging Respondent Elida Becerra with engaging in the unlicensed practice of law. The Florida Bar and the respondent submitted a joint stipulation for the disposition of this proceeding. We have jurisdiction pursuant to article V, section 15, Florida Constitution. We approve the stipulation entered into by the parties and as recommended by the referee.

The dispositional provisions of the stipulation are set forth as follows:

WHEREAS, the parties hereto, by and through their undersigned counsel, stipulate and agree to submit to the jurisdiction of the Supreme Court of Florida and stipulate and agree as follows:
2. In recognition that the preparation of forms to effect a change in immigration status requires legal training and familiarity with immigration laws and that failure to properly prepare the forms could result in great harm, including deportation, Respondent agrees as follows: A. Both parties agree that a Writ of Injunction shall issue permanently and perpetually enjoining Respondent, Elida Becerra, and her servants and employees or those acting in concert with her from:
(1) Advising persons and entities of their rights, duties and responsibilities under Florida law, or federal law, as those laws relate to immigration and naturalization matters, including advising persons and entities as to various immigration benefits or statuses and the INS forms and procedures which are required to obtain these benefits and statuses, except to any limited degree permitted under the Code of Federal Regulations.

(2) Advising persons and entities as to any legal remedy which might be available to them.

(3) Representing to the public, either personally or by use of advertisement, that she or any persons she either employs or who act in concert with her are capable of advising and handling matters requiring legal skills.

(4) Allowing members of the public to rely on Respondent to properly prepare legal forms or legal documents affecting the legal rights of persons and entities.

(5) Advertising in any fashion which may lead a reasonable lay person to believe that Respondent offers to the public legal service, legal advice, or personal legal assistance regarding immigration and naturalization matters.

(6) Taking inquiries or answering questions from persons and entities as to which particular INS form or application is suited to the needs of the persons and entities, how to fill out the form or application, or what supporting documentation should accompany the form or application.

B. Additionally, Respondent and her agents, servants, employees, and those acting in concert with her agree to take the following affirmative steps:

(1)In the event Respondent is contacted by any party seeking legal services, Respondent shall refuse to perform such legal services.

(2) In any advertising used by Respondent for immigration services, including but not limited to advertising which lists various types of immigration applications and petitions which may be made to the INS, Respondent shall include in such advertising a statement indicating that any “Immigration” services which may be provided are not legal services and are limited to the sale of blank forms and the service of typing the forms from information provided by the persons and entities seeking such services.

(3) Respondent agrees that every present and future employee of any business or service of Respondent, and all persons acting in concert with her, shall be provided with a copy of this Stipulation by Respondent, and shall be instructed by Respondent to act in accordance with the Stipulation.

(4) Respondent agrees to make restitution to the persons named in the Petition for repayment of fees taken from those persons as follows: $115.00 to Mayra Pino; $1,250.00 to Victor Manre-sa; $600.00 to Rosalina Manresa; and $400 to Maria Del Pino.

(5) Respondent agrees to pay costs incurred by Petitioner in the investigation and prosecution of this matter in an amount not to exceed $451.65.

Elida Becerra is hereby permanently enjoined from the unlicensed practice of law as set forth above and ordered to take the affirmative steps set forth above. In addition, judgment is entered against Elida Be-cerra for costs in the amount of $451.65, for which sum let execution issue.

It is so ordered.

GRIMES, C.J., and OVERTON, SHAW, KOGAN, HARDING, WELLS and ANSTEAD, JJ., concur.


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Citator

Cited By

  • THE Florida BAR v. Erdon I. Abreu, 833 So. 2d 752 (Fla. 2002)
    …ion and proceed to decide this case on its merits. ANALYSIS Accepting the allegations in the Bar’s petition as true, we conclude that Abreu’s conduct with Yanes and the Garcias constitutes the unlicensed practice of law. In Florida Bar v. Becerra, 661 So. 2d 299, 300 (Fla.1995), the Bar and the respondent entered a joint stipulation agreeing that Becerra, a nonattorney, should be enjoined from engaging in various conduct, including the following: representing to the public that she or any of her employees w…
  • …ho has direct contact with individuals in the nature of consultation, explanation, recommendations, advice, and assistance in the provision, selection, and completion of legal forms engages in the unlicensed practice of law); Florida Bar v. Becerra, 661 So. 2d 299 (Fla.1995) (enjoining a nonlawyer from advertising in any fashion that may lead a reasonable lay person to believe that the nonlawyer may offer to the public legal services, legal advice, or personal legal assistance); Florida Bar v. Consol. Bus. &…
  • The Florida Bar v. Tikd Servs. LLC, 326 So. 3d 1073 (Fla. 2021)
    …hiring your own lawyer or using a lawyer referral service.” Such advertisements are likely to lead a reasonable person to believe that utilizing TIKD’s services is equivalent to or a substitute for hiring an attorney. See, e.g., Fla. Bar v. Becerra, 661 So. 2d 299, 300 (Fla. 1995) (enjoining respondent from advertising in a manner that may lead a reasonable person to believe that she is capable of providing legal services). In the end, the reasonable protection of a driver’s legal rights and interests in a tr…

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