North Carolina UPL Statute Summary
N.C.G.S. §84-4. Persons other than members of State Bar prohibited from practicing law.
Except as otherwise permitted by law, it shall be unlawful for any person or association of persons, except active members of the Bar of the State of North Carolina admitted and licensed to practice as attorneys-at-law, to appear as attorney or counselor at law in any action or proceeding before any judicial body, including the North Carolina Industrial Commission, or the Utilities Commission; to maintain, conduct, or defend the same, except in his own behalf as a party thereto; or, by word, sign, letter, or advertisement, to hold out himself, or themselves, as competent or qualified to give legal advice or counsel, or to prepare legal documents, or as being engaged in advising or counseling in law or acting as attorney or counselor-at-law, or in furnishing the services of a lawyer or lawyers; and it shall be unlawful for any person or association of persons except active members of the Bar, for or without a fee or consideration, to give legal advice or counsel, perform for or furnish to another legal services, or to prepare directly or through another for another person, firm or corporation, any will or testamentary disposition, or instrument of trust, or to organize corporations or prepare for another person, firm or corporation, any other legal document. Provided, that nothing herein shall prohibit any person from drawing a will for another in an emergency wherein the imminence of death leaves insufficient time to have the same drawn and its execution supervised by a licensed attorney-at-law. The provisions of this section shall be in addition to and not in lieu of any other provisions of this Chapter. Provided, however, this section shall not apply to corporations authorized to practice law under the provisions of Chapter 55B of the General Statutes of North Carolina. (1931, c. 157, s. 1; 1937, c. 155, s. 1; 1955, c. 526, s. 1; 1969, c. 718, s. 19; 1981, c. 762, s. 3; 1995, c. 431, s. 4.)
N.C.G.S. §84.8. Punishment for violations.
(a) Any person, corporation, or association of persons violating any of the provisions of G.S. 84-4 through G.S. 84-6 or G.S. 84-9 shall be guilty of a Class 1 misdemeanor.
(b) No person shall be entitled to collect any fee for services performed in violation of G.S. 84-4 through G.S. 84-6, G.S. 84-9, or G.S. 84-10.1. (1931, c. 157, s. 5; c. 347; 1993, c. 539, s. 597; 1994, Ex. Sess., c. 24, s. 14(c); 2007-200, s. 3; 2011-336, s. 4.)
Notary Public Act, N.C.G.S.A. § 10B-20, NC ST § 10B-20 - Powers and limitations.
(a) A notary may perform any of the following notarial acts:
- Acknowledgments.
- Oaths and affirmations.
- Repealed by Session Laws 2006-59, s. 6, effective October 1, 2006, and except as otherwise set forth in the act, applicable to notarial acts performed on or after October 1, 2006.
- Verifications or proofs.
(d) A notary may certify the affixation of a signature by mark on a record presented for notarization if:
- The mark is affixed in the presence of the notary;
- The notary writes below the mark: "Mark affixed by (name of signer by mark) in presence of undersigned notary"; and
- The notary notarizes the signature by performing an acknowledgment, oath or affirmation, jurat, or verification or proof.
(i) A notary public who is not an attorney licensed to practice law in this State who advertises the person's services as a notary public in a language other than English, by radio, television, signs, pamphlets, newspapers, other written communication, or in any other manner, shall post or otherwise include with the advertisement the notice set forth in this subsection in English and in the language used for the advertisement. The notice shall be of conspicuous size, if in writing, and shall state: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF NORTH CAROLINA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." If the advertisement is by radio or television, the statement may be modified but must include substantially the same message.
(j) A notary public who is not an attorney licensed to practice law in this State is prohibited from representing or advertising that the notary public is an "immigration consultant" or expert on immigration matters unless the notary public is an accredited representative of an organization recognized by the Board of Immigration Appeals pursuant to Title 8, Part 292, section 2(a-e) of the Code of Federal Regulations (8 C.F.R. § 292.2(a-e)).
(k) A notary public who is not an attorney licensed to practice law in this State is prohibited from rendering any service that constitutes the unauthorized practice of law.A nonattorney notary shall not assist another person in drafting, completing, selecting, or understanding a record or transaction requiring a notarial act.
(l) A notary public required to comply with the provisions of subsection (i) of this section shall prominently post at the notary public's place of business a schedule of fees established by law, which a notary public may charge. The fee schedule shall be written in English and in the non-English language in which the notary services were solicited and shall contain the notice required in subsection (i) of this section, unless the notice is otherwise prominently posted at the notary public's place of business.
(n) A notary shall not claim to have powers, qualifications, rights, or privileges that the office of notary does not provide, including the power to counsel on immigration matters.
Enforcement Mechanisms/Complaint Processes for UPL
The Authorized Practice Committee of the North Carolina State Bar handles complaints regarding unauthorized practice of law. To file a complaint, follow these directions. For more information on Unauthorized Practice Law follow this link. Follow this link for on information on reporting and preventing the unauthorized practice of Immigration law.
The North Carolina State BarAuthorized Practice Committee
PO Box 25908 Raleigh
North Carolina 27611
Tel: (919) 828-4620
The AP Committee’s counsel will conduct an investigation. This begins by contacting the individual, advising her of the complaint, and requesting a response. When the investigation is complete they will turn over a report and recommendation to the Committee at one of their quarterly meetings. The Committee will render a decision, usually a letter of caution or to cease and desist in the first instance
.
District Attorney
The district attorney of any of the superior courts shall, upon the application of any member of the Bar, or of any bar association, of the State of North Carolina, bring such action in the name of the State as may be proper to enjoin any such person, corporation, or association of persons who it is alleged are violating the provisions of G.S. 84-4 to 84-8, and it shall be the duty of the district attorneys of this State to indict any person, corporation, or association of persons upon the receipt of information of the violation of the provisions of G.S. 84-4 to 84-8. (1931, c. 157, s. 4; 1973, c. 47, s. 2.) This language appears to require action by the DA after receipt of a complaint.
If the notario has charged in excess of $1,000, the DA can also pursue a felony charge of obtaining property by false pretenses.
Secretary of State: Notary Enforcement
If the notario is actually a commissioned notary, or is advertising as a notary, report him to the Secretary of State. The notary enforcement laws appear at N.C.G.S. § 10B-20 et. seq. These require anyone advertising as a notary in a language other than English to include a conspicuous warning in both languages stating that he is not a lawyer. A notary is specifically prohibited from claiming qualification to counsel on immigration matters. The Secretary of State can suspend or revoke the notary’s commission. The notary enforcement division has a staff of investigators who deal with UPL issues. The form for notary complaints can be found here.
You can contact the notary enforcement division at:
The Notary Public SectionPost Office Box 29626
Raleigh, North Carolina 27626-0626
Tel: 919-814-5400
Email :notary@sosnc.com
Civil Remedies
Victims of notarios can also sue in civil court. Possible causes of action include unfair and deceptive trade practices, breach of contract, fraud, negligence, and negligent infliction of emotional distress. In the case of unfair and deceptive trade practices, plaintiffs can receive treble damages and attorney’s fees. In addition, N.C.G.S. § 84-10.1 (part of the criminal statute cited above) provides a private cause of action for unauthorized practice of law, allowing for “damages and reasonable attorneys' fees.”
Along with monetary damages, plaintiffs may seek injunctive relief to stop the practice. In the case of particularly prodigious notarios, counsel may wish to consider seeking certification for a class action to include all similarly-situated plaintiffs. In some cases the Eastern Carolina Immigrants' Rights Project of the N.C. Justice Center has taken on class-action litigation against notarios. The person to contact at the Justice Center is Kate Woomer-Deters at (919) 861-2072, kate@ncjustice.org. Follow this link for resources about notario fraud.
Reporting Ineffective Assistance of Counsel
To report ineffective assistance of counsel in North Carolina, review the instructions from the North Carolina State Bar.
Becoming a Notary Public
- To become a notary public, one must:
- Be at least 18 years of age or legally emancipated by the court
- Reside or have a regular place of work or business in North Carolina
- Reside legally in the United States
- Speak, read, and write English
- Possess a high school diploma or equivalent
- Pass the notary course
- Purchase and keep as a reference the most recent notary manual
- Submit an application to the Secretary of State
Disqualifications:
- Convicted of a felony in North Carolina or another state
- Convicted of corruption or malpractice or
- Removed from any office by impeachment
- A list of additional disqualification can be found at: www.sosnc.gov
For more information about the Notary Public process, use this link provided by the Secretary of State.
