Can a state penalize a lawyer who represents a client before a federal agency for the unauthorized practice of law, when the representation is authorized by federal law?

We accept that a state cannot penalize a nonlawyer who represents a client before a federal agency for the unauthorized practice of law, when the representation is authorized by federal law. ( Sperry v. Florida (1963) 373 U.S. 379, 385, 83 S.Ct. 1322, 10 L.Ed.2d 428.) Here, however, the state seeks to penalize a nonlawyer for acts that, even if they were "representation," were not authorized by federal law.

There is no conflict, and thus there is no conflict preemption.

[246 Cal.Rptr.3d 861]

2. Obstacle preemption .