Indiana UPL Statute Summary

Indiana Code §33-43-2-1, Engaging in Practice by Person Not Admitted

A person who:

  1. professes to be a practicing attorney;
  2. conducts the trial of a case in a court in Indiana; or
  3. engages in the business of a practicing lawyer;

without first having been admitted as an attorney by the supreme court commits a Class B misdemeanor. As added by P.L.98-2004, SEC.22.

Licensing Agency UPIL Awareness

The Secretary of State Office seems to be aware of the issue of UPL as it has put the following advice on its Frequently Asked Questions page:

Q. May a notary give legal advice or draft legal documents?
A. No. Unless the notary also is an attorney, the notary cannot act as a legal advisor and cannot prepare legal documents. For example, if a document does not contain a notarial certificate, the notary public cannot advise as to the proper type of notarization. An attorney should be consulted as to the proper notarization that is required for the document (acknowledgment, witnessing or verification).

Enforcement Mechanisms/Complaint Processes for UPIL

The Secretary of State has a Notary Complaint form, which can be accessed here.

Liability may also be found under the Deceptive Consumer Sales Act.  Complaints can be filed with the Attorney General’s office. Complaint forms in English and Spanish may be accessed here.

Reporting Ineffective Assistance of Counsel

Ineffective assistance of counsel can be reported to the Indiana Courts here.

Contact Information for Relevant Agencies

Notary Public Information:

Indiana Secretary of State
Notary Division
200 W. Washington St.
Room 201
Indianapolis, IN 46204
Tel: (317) 234-9768
Email: notary@sos.in.gov

Attorney General’s Office:

Attorney General
Consumer Protection Division
302 West Washington Street
Indianapolis, IN 46204
Tel: (317) 232-6330 or (800) 362-5516

Becoming a Notary Public

One must:

  • Be at least 18 years of age
  • Be a legal resident of the State of Indiana or primarily employed in INidiana
  • Not be disqualified to receive a commission under IC 33-4-13 and IC 5-8-3-1
    • IC 33-4-12 Have a conviction or civil ruling involving deceit, dishonesty or fraud
    • IC 5-6-3-1 Have served more than six (6) months in jail
  • Have your driver’s license information available
  • Have your employment information available, if applicable.
  • Have you $25,000 surety bond (term of eight years) for upload in the application
  • Have a sample of your signature for upload in the application
  • Complete the notary public course of education. You will be required to pass a test on this material.
  • File the notary application, along with a $10 application fee and proof of a notarial bond, with the secretary of state’s office.
  • The application can be accessed here.

The Secretary of State has an online tool to search for current notary public commissions. The tool can be accessed here.