New Jersey UPL Statute Summary

NJ Rev Stat §2C:21-22. Unauthorized practice of law, penalties

1. a. A person is guilty of a crime of the fourth degree if the person knowingly engages in the unauthorized practice of law.

b. A person is guilty of a crime of the third degree if the person knowingly engages in the unauthorized practice of law and:

  1. Creates or reinforces, by any means, a false impression that the person is licensed to engage in the practice of law. As used in this paragraph, "by any means" includes but is not limited to using or advertising the title of lawyer or attorney-at-law, or equivalent terms, in the English language or any other language, which mean or imply that the person is licensed as an attorney-at-law in the State of New Jersey or in any other jurisdiction of the United States; or
  2. Derives a benefit; or
  3. In fact causes injury to another.

c. For the purposes of this section, the phrase "in fact" indicates strict liability.
 

NJ Rev Stat §2C:21-22a. Civil actions resulting from the unauthorized practice of law.

2. a. Any person who suffers any ascertainable loss of moneys or property, real or personal, as a result of any action or inaction by a person who knowingly engaged in the unauthorized practice of law in violation of section 1 of P.L.1994, c.47 (C.2C:21-22) may bring a civil action in any court of competent jurisdiction.

b. In any civil action under this section the court shall, in addition to any other appropriate legal or equitable relief, award damages in an amount that constitutes the greater of:

  1. (1) $1,000, or
  2. (2) Three times the value of all costs incurred by the victim as a result of the defendant's criminal activity, including any fees paid to the defendant for services, costs incurred for attorneys' fees, court costs and any out-of-pocket losses.

c. The standard of proof in civil actions brought under this section is a preponderance of the evidence, and the fact that a prosecution for a violation of section 1 of P.L.1994, c.47 (C.2C:21-22) is not instituted or, where instituted, terminates without a conviction shall not preclude a civil action pursuant to this section. A final judgment rendered in favor of the State in any criminal proceeding shall estop the defendant from denying the same conduct in any civil action brought pursuant to this section.

d. A civil action under this section shall not preclude the application of any other civil, administrative, or criminal remedy under any other provision of law.

Enforcement Mechanisms/Complaint Processes for UPIL

Victims may file a complaint with the New Jersey Attorney General’s Division of Consumer Affairs under the Consumer Fraud Act, which may be accessed here.

Reporting Ineffective Assistance of Counsel

To report ineffective assistance of counsel in New Jersey, file a grievance after reading the instructions here (the link to the grievance form is also on this page).

Contact Information for Relevant Agencies

New Jersey Division of Consumer Affairs:

Physical Address
124 Halsey Street
Newark, New Jersey 08102
Tel: (973) 504-6200
Toll Free (800) 242-5846
Fax: (973) 273-8035

Mailing Address
New Jersey Division of Consumer Affairs
P.O. Box 45025
Newark, New Jersey 07101

New Jersey Notary Public Information:

NJ Division of Revenue
Business Support Services/Notary Section
PO Box 452
Trenton, NJ 08646

Becoming a Notary Public

Before submitting an application for a new notary commission be sure you meet the following qualifications:

  • Are at least 18 years of age;
  • Are a resident of New Jersey or a resident of an adjoining state who maintains, or is regularly employed in, an office in this state.
  • Have never been convicted of a crime under the laws of any state or the United States for an offense involving dishonesty, or a crime of the first or second degree

The New Jersey Notary Public Manual can be accessed here. The application can be accessed here. To access the Department of Treasury webpage on Notary Public, use this link.