Important: This article is general information, not legal advice. If you need advice about a specific case, consult a licensed attorney.
The New Hustle: “We’ll Write Your Motion” (But We’re Not Lawyers)
Families are desperate for answers when a loved one is facing federal time. That desperation has created a booming cottage industry of “prison consultants” and “post-conviction helpers” selling packages that sometimes go far beyond education or coaching—straight into drafting motions, petitions, affidavits, and other filings that decide a person’s liberty.
Here’s the line people miss: you can hire a consultant to educate you—how the BOP works, what RDAP is, what a designation looks like, how to prepare for a halfway house plan. But in many states, once someone starts applying legal judgment to your facts and drafting legal documents for filing (for a fee), they may be engaging in the “unauthorized practice of law” (UPL).
What Is “Unauthorized Practice of Law” (UPL)?
UPL rules vary by state, but the theme is consistent: nonlawyers cannot provide legal services that require legal judgment for another person. For example, the State Bar of Michigan explains that nonlawyers may not draft documents requiring legal judgment for someone else, may not give tailored legal advice, and may not appear or act as an intermediary in court matters. (And while you can represent yourself, you don’t get to “delegate” that legal representation to a nonlawyer.)
In plain English: typing what you dictate is one thing; deciding what you should file, what claims to raise, what cases to cite, and how to frame facts to meet a legal standard is another.
“Which States Require a Lawyer If You’re Charging Money?”
The honest answer is: effectively all of them—if what you’re charging for is the “practice of law.” Every state has some framework (statutes, court rules, bar enforcement, or all of the above) restricting nonlawyers from practicing law. Many states also attach criminal penalties for unlawful practice (misdemeanor or more), especially when it involves holding oneself out as a legal professional or charging fees for legal services.
What differs by state is the definition of “practice of law,” how aggressively it’s enforced, and whether the state permits narrow exceptions (for example, limited “document preparer” roles, or court-approved forms completed without legal advice). Florida’s UPL summaries, for instance, reflect the principle that a nonlawyer generally may not prepare eviction filings for another person except in limited
The Risk to Families (and to the Person in Custody)
1) You may be paying for something illegal—or useless
If a consultant crosses into UPL, you may have little protection when things go wrong: no bar discipline, no malpractice insurance, and often no meaningful refund mechanism.
2) Bad filings can permanently damage a case
Post-conviction litigation has traps: deadlines, procedural default, waiver, successive-petition rules, exhaustion, and standards of review. A sloppy motion can create admissions, bury the strongest claim, or miss timing in ways you can’t undo later.
3) Courts may react badly to ghostwritten filings
Some courts scrutinize “ghostwriting” (where a hidden helper drafts pleadings). Even where it’s not outright prohibited, it can raise credibility and disclosure issues depending on local rules and ethics guidance.
Red Flags: How to Spot “UPL in Disguise”
- “We’ll write your 2255 / appeal / compassionate release motion.”
- They tell you which claims to raise and what cases apply to your facts.
- They ask you to send discovery, PSR, transcripts, then produce a “ready-to-file” legal argument.
- They market “pro se post-conviction work” as a paid service.
- They discourage you from consulting licensed counsel or insist lawyers are “a waste.”
- High-pressure sales tactics, “limited spots,” or big guarantees (“we can get you home”).
A Real-World Example: Federal Prison Tips and the “Pro Se Motion” Problem
Some consultant businesses publicly advertise services that sound like more than education or reentry coaching. For example, online promotions and discussions associated with federalprisontips.com describe helping with “pro se post conviction work” and related administrative filings.
Here’s the legal issue: “Pro se” means you are representing yourself. A nonlawyer can explain general process, point you to public resources, or help you stay organized. But if a paid nonlawyer is drafting legal arguments and pleadings tailored to your facts for filing in court, that can look like the practice of law—triggering UPL rules depending on the state involved.
What’s Actually Safe (and Helpful) for a Nonlawyer Consultant to Do?
Nonlawyer help can be valuable when it stays in the “education and logistics” lane:
- Explaining BOP programs (RDAP, FSA time credits), classification basics, designation process.
- Reentry planning: employment plans, housing plans, family support letters (non-legal).
- General checklists and organization—without choosing legal claims or drafting legal arguments.
- Typing/transcription of your dictated statement (no legal strategy).
The moment the service becomes “we will analyze your case and draft your motion,” you’re in the danger zone.
What Prison Law Firm Recommends Instead
1) Use a licensed lawyer for legal strategy and filings.
If money is the obstacle, ask about limited-scope representation (sometimes called “unbundled” legal services), where a lawyer handles a discrete task (like reviewing a draft, advising on claims, or writing a key section).
2) If you still use a consultant, demand strict boundaries in writing.
The contract should say: “No legal advice. No drafting pleadings or motions. Education/logistics only.” If they refuse to put that in writing, that tells you everything.
3) Verify licensing claims.
If someone implies they’re an attorney or “works with attorneys,” verify the lawyer’s name and bar number with the state bar directory—don’t rely on screenshots.
If You Think You’ve Been Harmed
- Save everything: contract, emails, texts, drafts, invoices, payment receipts.
- Consider reporting to your state bar’s UPL committee or consumer protection office (process varies by state). :contentReference[oaicite:8]{index=8}
- Talk to licensed counsel quickly if a deadline was missed or a filing was made—time matters in post-conviction work.
Bottom Line
Prison consulting is not inherently a problem. Nonlawyers can educate and support families. But when someone sells “motion writing” or “post-conviction legal work” for a fee without a law license, you may be paying for the unauthorized practice of law—and risking the case you’re trying to save.