Massachusetts UPL Statute Summary 

ALM GL Ch. 221 §46A, Practice of law; persons authorized 

No individual, other than a member, in good standing, of the bar of this commonwealth shall practice law, or, by word, sign, letter, advertisement or otherwise, hold himself out as authorized, entitled, competent, qualified or able to practice law; provided, that a member of the bar, in good standing, of any other state may appear, by permission of the court, as attorney or counselor, in any case pending therein, if such other state grants like privileges to members of the bar, in good standing, of this commonwealth. 

ALM GL Ch. 222 §17, Notaries public not licensed to practice law; prohibition from offering legal advice or advertisement as legal specialist; immigration matters; real estate closings. 

  • Notaries public are prohibited from offering legal advice, compiling evidence for applications being made to any governmental agency, assisting in any immigration related matters unless they first advise, in writing that: 
     
  • They are not an attorney licensed to practice law 
  • They may not give legal advice or advise about immigration policies or procedures 
  • The client should seek the advice of an attorney. 
  • Notaries public shall not engage in the practice of law. 
  • Notaries public shall not conduct a real-estate closing or act as a real estate agent. 

Licensing Agency UPL Awareness 

The Secretary of State’s office seems to be well aware of the possibility of notary misconduct.  There was an Executive Order, which outlines the duties, misconduct, and requirements of notary publics.  The Order may be accessed here.  

Enforcement Mechanisms/Complaint Processes for UPL 

Victims may file a complaint with the AGO’s Public Inquiry and Assistance Center under the Regulation of Business Practices legislation, accessible here. 

If the complaint is one with which the AGO’s may be able to assist you, a mediator will contact you before they attempt to contact the business, in the AGO's effort to resolve your complaint through mediation. These mediations are conducted over the phone. In mediation, a neutral third-party, the mediator, helps you and the other party try to resolve the problem through facilitated dialogue. However, it is up to you and the other party to reach an agreement. 

One may file a complaint here. 

Reporting Ineffective Assistance of Counsel 

To report ineffective assistance of counsel in Massachusetts, you much contact the Attorney and Consumer Assistance Program (ACAP) here. 

Contact Information for Relevant Agencies 

Notary Public Information: 

Notary Public Office 
State House 
24 Beacon Street, Room 184 
Boston, MA 02133 

Attorney General: 

Office of the Attorney General 
Consumer Advocacy & Response Division  
One Ashburton Place, 18th Floor 
Boston, MA 02108 
Tel: (671) 727-8400 
Consumer Hotline: (617) 727-8400 

To complete a complaint form in person or to speak directly with a consumer specialist. 
Office locations: 

Boston  
100 Cambridge Street, 11th Floor  
Boston, MA 02114 
New Bedford 
105 William Street, First Floor  
New Bedford, MA 02740 
Springfield 
1441 Main Street, 12th Floor  
Springfield, MA 01103 
Worcester  
10 Mechanic Street, Suite 301 
Worcester, MA 01608  

Attorney and Consumer Assistance Program 

Attorney and Consumer Assistance Program 
Office of the Bar Counsel 
99 High Street, 2nd floor 
Boston, Massachusetts 02110  
Tel: (617) 728-8750  
Fax: (617) 728-8875 

Becoming a Notary Public 

A person qualified for a notary public commission shall: 

  • Be at least 18 years of age; and 
  • Reside legally or conduct business on a regular basis within in Massachusetts. 
  • In the Governor's discretion, an application may be denied based on: 
    • Submission of an official application containing a material misstatement or omission of fact; 
    • The applicant's felony conviction or misdemeanor conviction that resulted in a prison sentence; 
    • The applicant's conviction of a misdemeanor with probation or a fine, or conviction for drunk driving; 
    • The applicant's admission of facts sufficient to warrant a finding of guilt of any crime; 
    • A finding or admission of liability against the applicant in a civil lawsuit based on the applicant’s deceit; 
    • Revocation, suspension, restriction, or denial of a notarial commission or professional license by this or any other state; or 
    • Any other reasons that, within the Governor's discretion, would make the applicant unsuitable to hold the commission as a notary public. 

The application may be accessed here