Pennsylvania UPL Statute Summary 

42 PA C. S. §2524. Penalty for unauthorized practice of law. 

a. General rule.--Except as provided in subsection (b), any person, including, but not limited to, a paralegal or legal assistant, who within this Commonwealth shall practice law, or who shall hold himself out to the public as being entitled to practice law, or use or advertise the title of lawyer, attorney at law, attorney and counselor at law, counselor, or the equivalent in any language, in such a manner as to convey the impression that he is a practitioner of the law of any jurisdiction, without being an attorney at law or a corporation complying with 15 Pa.C.S. Ch. 29 (relating to professional corporations), commits a misdemeanor of the third degree upon a first violation. A second or subsequent violation of this subsection constitutes a misdemeanor of the first degree. 

b. Practice by associations.— 

  1. An association does not violate subsection (a) if it provides legal services only through officers, employees or agents who are duly admitted to practice law. The association may employ persons not admitted to practice law, but those persons shall not render any legal services rendered or to be rendered by the association. 
  2. This subsection shall not be interpreted to preclude the use of clerks, secretaries, administrators, bookkeepers, technicians and other assistants who are not usually and ordinarily considered by law, custom and practice to be rendering legal services nor to preclude the use of any other person who performs all his employment under the direct supervision and control of a person duly admitted to practice law. A person shall not, under the guise of employment, render legal services unless duly admitted to practice law. 
  3. Notwithstanding any other provision of law, an association may charge for the legal services of its officers, employees and agents, may collect those charges and may compensate those who render the professional services. 

c. Injunction.--In addition to criminal prosecution, unauthorized practice of law may be enjoined in any county court of common pleas having personal jurisdiction over the defendant. The party obtaining such an injunction may be awarded costs and expenses incurred, including reasonable attorney fees, against the enjoined party. A violation of subsection (a) is also a violation of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law. 
 

 Revised Uniform Law on Notarial Acts, 57 Pa.C.S.A. § 325 Prohibited Acts 

(a)  No authority.--A commission as a notary public does not authorize the notary public to: 

  1. Assist persons in drafting legal records, give legal advice or otherwise practice law; 
  2. Act as an immigration consultant or an expert on immigration matters; 
  3. Rrepresent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or 
  4. Receive compensation for performing any of the activities listed in this subsection. 

(b)  False advertising.--A notary public may not engage in false or deceptive advertising. 

(c)  Designation.-- 

  1. Except as set forth in paragraph (2), a notary public may not use the term "notario" or "notario publico." 
  2. Paragraph (1) does not apply to an attorney at law. 

(d)  Representations.-- 

  1. Except as set forth in paragraph (2) the following apply: 

(i)  A notary public may not advertise or represent that the notary public may: 

(A)  assist persons in drafting legal records; 
(B)  give legal advice; or 
(C)  otherwise practice law. 

(ii)  If a notary public advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media and the Internet, the notary public shall include the following statement, or an alternate statement authorized or required by the department, in the advertisement or representation, prominently and in each language used in the advertisement or representation: 

"I am not an attorney licensed to practice law in this Commonwealth. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities". 

Enforcement Mechanisms/Complaint Processes for UPL 

Victims may file a complaint with the AG’s Bureau of Consumer Protection under the Unfair Trade Practices and Consumer Protection Law, accessible here. 

Reporting Ineffective Assistance of Counsel 

To report ineffective assistance of counsel in Pennsylvania, you may use the instructions from the Disciplinary Board of the Supreme Court of Pennsylvania, found here or use the Frequently Asked Questions page, which includes public resources. 

Contact Information for Relevant Agencies 

Notary Public Information: 

Division of Commissions, Legislation and Notaries 
210 North Office Building 
Harrisburg, PA 17120 
Tel: (717) 787-5280 
Email: ST-NOTARIES@pa.gov 

Attorney General’s Office: 

Office of Attorney General 
Bureau of Consumer Protection 
15th Floor, Strawberry Square 
Harrisburg, PA 17120 
Hotline: (800) 441-2555 
Tel: (717) 787-3391 
Fax: (717) 787-8242 

  

Becoming a Notary Public 

A notary public applicant must meet the following eligibility requirements for an appointment: 

  • Be at least 18 years old 
  • Be a citizen or permanent legal resident of the United States 
  • Be a resident of or have a place of employment or practice in this Commonwealth 
  • Be able to read and write English 
  • Not be disqualified to receive a commission because of character, criminal convictions or prior sanctions 
  • Education – All applicants for both initial appointment and reappointment as a notary public must complete at least three hours of approved notary education within the six months immediately preceding the application for appointment or reappointment 
  • Examination – All applicants for a commission as a notary public who do not hold a current and unexpired commission in this Commonwealth must pass an examination administered by the Department’s examination vendor Pearson VUE 

 

A notary public applicant will not be issued a notary public commission unless the applicant:

  • Has submitted an application on a form prescribed and furnished by the Secretary of the Commonwealth accompanied by the $42 nonrefundable filing fee 
  • Has verified that he or she has the honesty, integrity, competence and reliability to act as a notary public 
  • Has not made a fraudulent, dishonest or deceitful misstatement or omission in the application 
  • Has provided proof of completion of a three-hour preapproved notary public course within six months preceding application 
  • Has passed the examination (for applicants who have never held notary commissions and all applicants who previously held notary commissions but whose commissions have lapsed or expired at the time their application for reappointment is received by the Department) 
  • Has not been convicted of or accepted Accelerated Rehabilitative Disposition for a felony or an offense involving fraud, dishonesty or deceit 
  • Has not had a finding against or admission of liability in a legal proceeding or disciplinary action based on the fraud, dishonesty or deceit of the applicant or notary public 
  • Has not failed to discharge a duty required of a notary public, whether by RULONA, by regulation of the department or by Federal or State law 
  • Has not used false or misleading advertising or representation representing that the notary public has a duty, right or privilege that the notary public does not have 
  • Has not violated a regulation of the Department 
  • Has not been denied a commission, refused to renew, revoked, suspended or otherwise had a notary commission disciplined by the Commonwealth or any other state 
  • Has failed to maintain a bond 
  • The Secretary of the Commonwealth may, for good cause, reject any application subject to the right of notice, hearing and adjudication and the right of appeal. Lack of proof of completion of a three-hour preapproved notary public course will result in outright rejection of an application without the right of appeal. 


The following persons are not eligible to hold the office of notary public: 

  • A member of the U.S. Congress, and a person holding an office or appointment of profit or trust under the legislative, executive or judiciary departments of the federal government for which he or she receives a salary, fees or perquisites 
  • Any member of the General Assembly of Pennsylvania 

Application form and process may be accessed here. 
You may search for current notary commissions here.