Bernhoft represented Banister in his crim case

[grixit]

He was a lawyer, now he's disbarred. He can keep advising people, same as you or i can, but it doesn't count as legal advice and he can't represent anyone in court. Plus, he can't claim privilege if communications between him and the advisee become relevant.

[grixit]

Oops, got confused there. Bernhoft, the lawyer hasn't been disbarred [yet], Bannister the CPA was. But with Berhoff doing the paying, he can't claim to be Banister's lawyer.

[fortinbras]

I don't know about an indictment, I think it's a misdemeanor. But it could include jail time.
A non-lawyer or (possibly worse) disbarred lawyer who is caught in UPL (Unauthorized Practice of Law) is punished, and this might be augmented by a contempt of court citation.

There was, several years ago, a UPL case involving some energetic young man in NYC who managed (with Hollywood-type courtroom antics that the judge cautioned him about more than once) to get a couple of minor Mafiosi acquitted. Whereupon some more Mafia types hired him. And the whole thing came unraveled when an out-of-towner phoned the NYC bar to try to get his phone number. It ended with the clients he had won for stayed winners because they couldn't be put in double jeopardy, the clients he had lost for were entitled to new trials with real lawyers, and here's the kicker ... since he wasn't a lawyer, there was no lawyer-client confidentiality so the FBI could force him to reveal whatever his clients had told him. There's a life-shortening penalty!

[Nikki]

Bernhoft also represented Banister in the IRS disciplinary proceedings.

Why isn't that on Bernhoft's MAJOR VICTORIES web page? After all, Banister got to keep his shirt.

[wserra]

It ended with the clients he had won for stayed winners because they couldn't be put in double jeopardy,

Right.

the clients he had lost for were entitled to new trials with real lawyers,

Right.

and here's the kicker ... since he wasn't a lawyer, there was no lawyer-client confidentiality so the FBI could force him to reveal whatever his clients had told him.

Do you have a cite for that last part? My recollection of the law is that a communication with someone whom the "client" reasonably believes is a lawyer is in fact privileged (although maybe they didn't reasonably believe this guy to be a lawyer).

[Demosthenes]

Take a look at what Banister's selling on his website:
http://www.ninehundred.net/banister/donation.html

PRESENTATION TO CENCAL PERSONNEL ON DVD or VHS

Videotaped Cencal Aviation Products presentation on October 11, 2000, featuring owner Walter Al Thompson and former IRS Criminal Investigation Division Special Agent Joseph R. Banister, as viewed in its entirety during the Banister trial in U.S. District Court, Sacramento, California in June, 2005 (CR.S-04-0435 WBS).
($50.00 Suggested Donation, including shipping)

DOCUMENTS FEATURED IN PRESENTATION TO CENCAL PERSONNEL

Documents provided in support of former IRS Criminal Investigation Division Special Agent Joseph R. Banister's October 11, 2000 Cencal Aviation Products presentation, as featured in the video footage during the Banister trial in U.S. District Court, Sacramento, California in June, 2005 (CR.S-04-0435 WBS).
($50.00 Suggested Donation, including shipping)

COMBINATION OF BOTH DVD or VHS & DOCUMENT PRESENTATION TO CENCAL PERSONNEL

($75.00 suggested donation, including shipping)

Considering the owner of Cencal Aviation (Al Thompson) is currently serving six years in federal prison for following Banister's advice, that's just ugly. Shame is dead.