Georgia UPL Statute Summary
Georgia Code 15-19-51. Unauthorized practice of law forbidden.
(a) It shall be unlawful for any person other than a duly licensed attorney at law:
- To practice or appear as an attorney at law for any person other than himself in any court of this state or before any judicial body;
- To make it a business to practice as an attorney at law for any person other than himself in any of such courts;
- To hold himself out to the public or otherwise to any person as being entitled to practice law;
- To render or furnish legal services or advice;
- To furnish attorneys or counsel;
- To render legal services of any kind in actions or proceedings of any nature;
- To assume or use or advertise the title of "lawyer," "attorney," "attorney at law," or equivalent terms in any language in such manner as to convey the impression that he is entitled to practice law or is entitled to furnish legal advice, services, or counsel; or
- To advertise that either alone or together with, by, or through any person, whether a duly and regularly admitted attorney at law or not, he has, owns, conducts, or maintains an office for the practice of law or for furnishing legal advice, services, or counsel.
(b) Unless otherwise provided by law or by rules promulgated by the Supreme Court, it shall be unlawful for any corporation, voluntary association, or company to do or perform any of the acts recited in subsection (a) of this Code section.
There is also a law, passed in 2008, regulating “Immigration Assistance Providers” in O.C.G.A. § 43-20A-5. Permissible services; terms of contract for immigration services.
These persons can provide the following assistance:
- Completing a government agency form on behalf of the client and appropriate to the client's needs;
- Transcribing responses to a government agency form which is related to an immigration matter; provided, however, that advice shall not be offered to a client as to his or her answers on such forms;
- Translating information on forms to a client and translating the client's answers to questions posed on such forms;
- Securing for the client supporting documents currently in existence, such as birth and marriage certificates, which may be needed to be submitted with government agency forms;
- Notarizing signatures on government agency forms, provided that the person performing the service is a notary public commissioned in the State of Georgia and is lawfully present in the United States;
- Preparing or arranging for the preparation of photographs and fingerprints;
- Arranging for the performance of medical testing (including X-rays and AIDS tests) and the obtaining of reports of such test results; and
- Performing such other services that the Secretary of State determines by rule may be appropriately performed by such licensees in light of the purposes of this chapter.”
The following disclaimer must be posted at the place of business as well as on advertisements:
"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
Licensing Agency UPL Awareness
The Secretary of State may assess civil penalties for violations of the UPIL statute in addition to other civil and criminal penalties that may apply.
I have made one report to the Georgia Secretary of State’s office based upon an advertisement that appears to violate the new law. The office tells me that they are investigating, but the ad continues to run without disclaimers. Though I have no specific examples to cite, I believe it is very likely that this law will have the opposite of its intended effect. While it may be technically possible to assist someone under this law without violating other state and federal laws, it is practically impossible.
Furthermore, this new “Immigration Assistance Provider” (IAP) law has made it more difficult to pursue either injunctions or criminal charges against those who violate the criminal UPL statute. Victims are expected to provide specific information to prove that the provider exceeded his or her authority under the IAP law. If the provider does not actually claim to be a lawyer (or other flagrant conduct), the claim is likely to be referred to the Secretary of State’s Office where it is unclear what, if any, action is being taken.
Enforcement Mechanisms/Complaint Processes for UPL
You may file a complaint online or by mail with the Georgia Secretary of State’s office.
Reports can be made to the Georgia bar. Only written complaints will be accepted. Complaints may be filed here.
Difficulties in Complaint Process/Actual Suppression of UPL
The Attorney General of Georgia does not handle UPL matters. However, reports of UPL can be made to local District Attorney offices. Complaints of UPIL can also be made to the Georgia Secretary of State.
Reporting Ineffective Assistance of Counsel
Ineffective assistance of counsel can be reported to the Georgia State Bar here.
Contact Information for Relevant Agencies
Office of the Secretary of State
Secretary of State
Professional Licensing Board Division
237 Coliseum Drive
Macon, GA 31217-3858
Local: (478) 207-2440
Toll Free: (844) 753-7825
Georgia State Bar Association:
The Unlicensed Practice of Law Department
State Bar of Georgia
104 Marietta St. NW
Suite 100
Atlanta, GA 30303
Tel: (404) 527-8769
Tel: (800) 344-6865
Becoming a Notary Public
The fee to become a Notary Public in Georgia is $37. Info from the website is within the quotation marks:
Qualifications to become a notary in Georgia:
- Be at least 18 years old.
- Be a citizen of the United States or a legal resident of the United States.
- Be a legal resident of the county in which he or she applies (or, if a non-Georgia resident, you must reside in a state bordering Georgia and carry on a business or profession in Georgia or be regularly employed in the Georgia county of application).
- Have, and provide at the time of application, the applicant's operating telephone number.
- Be able to read and write English.
Notary Training: Georgia does not require mandatory training; however, a free web-based training course is highly recommended. This course explains Georgia notary law, and presents basic notary procedures. The course is not required in order to receive a commission.” The Notary Public Search Index can be found here.
