Can a person who has been suspended from membership of the State Bar be held liable as a "aider and abettor" to a crime under section 6126 of the California Business and Professions Code?

California, United States of America


The following excerpt is from People v. Rodriguez, B243578 (Cal. App. 2014):

Under Business and Professions Code section 6126, subdivision (b), any person who "has been suspended from membership from the State Bar . . . and thereafter practices or attempts to practice law, advertise or holds himself or herself out as practicing or otherwise entitled to practice law, is guilty of a crime. . . . ." The People's theory as to Junior was that he aided and abetted Senior's violation of this provision. To be liable as an aider and abettor, the defendant must have acted "with knowledge of the criminal purpose of the perpetrator and with an intent or purpose either of committing, or of encouraging or facilitating commission of, the offense." (People v. Beeman (1984) 35 Cal.3d 547, 560, italics omitted.)

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