Maine UPL Statute Summary
Title 4 MRSA §807-B. Authorized immigration and nationality law assistance
This section may be known and cited as "the Immigration and Nationality Law Assistance Act."
3. Nonlegal immigration and nationality law assistance authorized. A person offering immigration and nationality law assistance may offer or provide only nonlegal immigration and nationality law assistance, except, however, that an attorney admitted to and in good standing before the bar of the State or a federally authorized immigration representative may provide immigration and nationality law assistance in the form of representation to the extent authorized by federal laws and regulations in immigration proceedings before agencies of the United States Department of Homeland Security, the United States Department of Justice, the United States Department of Labor or the United States Department of State or other federal agency charged with carrying out the implementation of federal immigration and nationality laws.
Nothing in this section is intended to nor does it authorize either an attorney who is not admitted to and in good standing before the bar of the State or a federally authorized immigration representative to offer legal opinions or general legal advice regarding state laws or to represent another before any state court, administrative agency or other forum charged with interpreting or implementing state laws.
4. Prohibited activities. In the course of dealing with customers or prospective customers, a provider of immigration and nationality law assistance may not:
A. Make a statement that the provider of immigration and nationality law assistance can or will obtain special favors from or has special influence with an agency or a tribunal of the United States Government or of any state government;
E. Provide legal advice regarding immigration and nationality law matters, including selecting immigration forms for a customer or advising a customer as to the appropriateness of the forms the customer has selected or as to the customer's answers to the questions on the forms, unless the provider of immigration and nationality law assistance is an attorney admitted to and in good standing before the bar of the State or is a federally authorized immigration representative; or
F. Represent or advertise or provide notice in any way or manner, including, but not limited to, the assertion of a title or credential such as "notario," "immigration consultant," "immigration agent," "immigration assistant" or "attorney," that could cause a customer to believe that the provider of immigration and nationality law assistance is authorized to practice law in the State or possesses special skill or expertise in immigration and nationality law matters unless the provider is an attorney admitted to and in good standing before the bar of the State or is a federally authorized immigration representative. A federally authorized immigration representative whose principal place of business is in the State shall give verbal notice to customers that the federally authorized immigration representative is not an attorney admitted to the bar of the State and may not give general legal advice or representation under state law and shall also include language in any written advertisement, notice or contract for services that clearly conveys that the federally authorized immigration representative is not an attorney admitted to practice law in the State and may not give general legal advice or assistance under state law.
5. Unfair method of competition or unfair and deceptive act or practice. A violation of this section substantially affects the public interest and constitutes an unfair method of competition and a deceptive act or practice in the conduct of trade or commerce for purposes of the Maine Unfair Trade Practices Act.
6. Civil violation. A violation of this section constitutes a civil violation for which a fine of not more than $5,000 may be adjudged.
Licensing Agency UPL Awareness
The Department of the Secretary of State for Maine appears to be aware of the UPIL. In their Notary Public Handbook and Resource Guide, they clearly state that Notaries Public may NOT practice law unless they are duly authorized members of the Maine Bar. In boldface type, the handbook states: “any advice given – no matter how clear or obvious it may appear – could be considered to be legal advice, and if anyone claims to have been misled by it, a lawsuit could result.” The handbook also states that a Notary Public should not draft a legal document.
The handbook also cites 4 MRSA §960, which requires Notaries Public who advertise notarial services in languages other than English, to include in the advertisement a notice that includes the following statement (in both English and in the language of the advertisement):
“I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN MAINE AND MAY NOT GIVE LEGAL ADVICE ABOUT IMMIGRATION OR ANY OTHER LEGAL MATTER OR ACCEPT FEES FOR LEGAL ADVICE.”
Furthermore, the handbook also mentions that any advertisement for notary services may not include a literal translation of the phrase “Notary Public” into any language other than English if the literal translation implies that the notary public is an attorney licensed to practice in Maine or in any other jurisdiction of the United States.
Enforcement Mechanisms/Complaint Processes for UPL
It does not appear like the Maine State Bar Association has an enforcement mechanism or complaint process for UPL.
Although the Board of Overseers of the Bar for the State of Maine has a Maine Lawyers’ Fund for Client Protection, the fund is meant to reimburse clients who suffer losses caused by an attorney’s dishonest conduct, meaning that a UPL victim is unlikely to access such funds.
Reporting Ineffective Assistance of Counsel
To report ineffective assistance of counsel in Maine, one must contact the Maine Board of Overseers of the Bar here.
Contact Information for Relevant Agencies
Attorney General:
Office of the Attorney General6 State House Station
Augusta, ME 04333
Tel: (207) 626-8800
Instructions to File a Complaint:
Write a letter to:
Information and Mediation Service
6 State House Station
Augusta, Maine 04333
Tel: (207) 626-8849
Toll Free: 1-800-436-2131
Email: consumer.mediation@maine.gov
Notary Public
Physical location:111 Sewall St.
Burton Cross State Office Building, 4th floor
Augusta, ME 04330 Mailing Address
101 State House Station
Augusta, ME 04333-0101
Tel: (207) 619-0806
Email: cec.notaries@state.me.us
Board of Overseers
Board of Overseers of the Bar97 Winthrop Street
P. O. Box 527
Augusta, Maine 04332-0527
Tel: (207) 623-1121
Fax: (207) 623-4175
Email: board@mebaroverseers.org
Becoming a Notary Public
- Must be a resident of Maine, or a resident of New Hampshire who is regularly employed, or carries on a trade or business, in Maine.
- Must be at least 18 years old.
- Must demonstrate proficiency in the English language.
- Must not have a notary commission revoked or suspended for official misconduct in Maine or any other jurisdiction during the 5-year period preceding the date of application.
- Must not have been convicted of a crime punishable by imprisonment for one year or more, or of a lesser offense incompatible with the duties of a notary public during the 10-year period preceding the date of application for a new or renewed commission.
- Must complete a written exam prescribed by the Secretary of State.
- Must be recommended by a registered Maine voter who can attest to the applicant’s ability to perform the duties required of a notary public.
- Fill out the Notary application, found here.
- The Municipal Clerk or Registrar of Voters of the applicant’s municipality must also verify the applicant’s residency by signing and sealing the application form.
The applicant must then turn in the Notary application, along with the $50 application fee, to the Bureau of Corporations, Elections and Commissions, Notary Public Section.
Upon receiving the commission, the applicant must be sworn into office before a Dedimus Justice in Maine.
The Department of the Secretary of State maintains a Notary Public & Dedimus Justice online search service, which can be found here. The search service allows you to search for active Notaries Public and results will include the name, town, county, telephone numbers, and commission expiration date for each notary public meeting your search criteria.
