Tennessee UPL Statute Summary
Tennessee Code Ann., 8-16-201. Notice that notary public is not an attorney.
(a) (1) A notary public who is not an attorney licensed to practice law in this state who advertises in any language the person's services as a notary public by radio, television, signs, pamphlets, newspapers, telephone directory or other written or oral communication, or in any other matter, shall include with such advertisement the notice set forth in this section in English and in the language used in the advertisement. The notice shall be of conspicuous size and shall state:
"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF TENNESSEE, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
(2) An advertisement on radio or television must include substantially the same message.
(b) A notary public who is not an attorney licensed to practice law in this state is prohibited from advising or assisting in selecting or completing forms affecting or relating to a person's immigration status, unless that conduct is specifically authorized by federal law.
Tennessee Code Ann., 8-16-202. Prohibited representations or advertising.
A notary public who is not an attorney licensed to practice law is prohibited from representing or advertising that the notary public is an immigration consultant, immigration paralegal 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 8 CFR 292.2 or any subsequent federal law.
Tennessee Code Ann., 23-3-103., Unlawful practice prohibited -- Penalty.
(a) No person shall engage in the practice of law or do law business, or both, as defined in § 23-3-101, unless the person has been duly licensed and while the person's license is in full force and effect, nor shall any association or corporation engage in the practice of the law or do law business, or both. However, nonresident attorneys associated with attorneys in this state in any case pending in this state who do not practice regularly in this state shall be allowed, as a matter of courtesy, to appear in the case in which they may be thus employed without procuring a license, if properly authorized in accordance with applicable rules of court, and when introduced to the court by a member in good standing of the Tennessee bar, if all the courts of the resident state of the nonresident attorney grant a similar courtesy to attorneys licensed in this state.
(b) Any person who violates the prohibition in subsection (a) commits a Class A misdemeanor.
(c) (1) The attorney general and reporter may bring an action in the name of the state to restrain by temporary restraining order, temporary injunction or permanent injunction any violation of this chapter; to obtain a civil penalty in an amount not to exceed ten thousand dollars ($10,000) per violation, and to obtain restitution for any person who has suffered an ascertainable loss by reason of the violation of this chapter. The attorney general and reporter shall be entitled to be reimbursed for the reasonable costs and expenses of investigation and prosecution of acts under this chapter, including, but not limited to, reasonable attorney fees as well as expert and other witness fees.
(2) The action may be brought in a court of competent jurisdiction:
(A) In the county where the alleged violation took place or is about to take place;
(B) In the county in which the defendant resides, has a principal place of business or conducts, transacts or has conducted business; or
(C) If the defendant cannot be found in any of the locations in subdivisions (c)(2)(A) and (B), in the county in which the defendant can be found.
(3) The courts are authorized to issue orders and injunctions to restrain, prevent and remedy violations of this chapter, and the orders and injunctions shall be issued without bond.
(4) Any knowing violation of the terms of an injunction or order issued pursuant to this chapter shall be punishable by a civil penalty of not more than twenty thousand dollars ($20,000) per violation, in addition to any other appropriate relief.
(d) (1) Any organized bar association of a municipality, county, except any county having a metropolitan form of government, or multi-county region in which a violation occurs may bring a civil action seeking relief, as provided in this chapter, against any person that violates this chapter. Any organized statewide bar association, primarily representing plaintiff attorneys and having no locally-based affiliate associations, may bring a civil action in the municipality or county in which a violation occurs seeking relief, as provided in this chapter, against any person that violates this chapter. Upon the commencement of any action brought under this section by any bar association, the bar association shall provide a copy of the complaint or other initial pleading to the attorney general and reporter, who, in the public interest, may intervene and prosecute the action. The pleadings shall be provided to the attorney general and reporter simultaneously with the initial service to the defendant or defendants. Additionally, all subsequent filings shall be provided to the attorney general and reporter, including any judgments or notices of appeal by the initiating bar association.
(2) Any bar association bringing suit under this section is presumed to be acting in good faith and is granted a qualified immunity for the suit and the consequences of the suit. The presumption of good faith is rebuttable upon a showing by a preponderance of the evidence that the suit was brought for a malicious purpose.
Licensing Agency UPL Awareness
From the Secretary of State’s Website:
Complaints about the Conduct of a Notary
- A Notary is considered a county public official and may be removed from office just as any other county official. Complaints concerning official misconduct should be directed to the appropriate official (such as the County Attorney or the District Attorney General) in the county in which the Notary is elected or in which the alleged misconduct occurred.
- The County Technical Assistance Service maintains listings for various county officials as part of their Directory of County Officials. Or you can view the Tennessee District Attorneys General Directory.
Enforcement Mechanisms/Complaint Processes for UPIL
The Tennessee Attorney General’s Office can file civil lawsuits against individuals and companies engaged in UPL. A complaint form is available in English and Spanish and can be mailed to the following address:
State of TennesseeOffice of the Attorney General
Consumer Advocate & Protection Division
Attn: Unauthorized Practice of Law
P.O. Box 20207
Nashville, TN 37202-0207
Facsimile: (615) 532-2910
Victims may also file a complaint with the Attorney General’s Consumer Protection Division, under the Tennessee Consumer Protection Act, which may be accessed here.
The complaint may be accessed here and mailed to the following address:
Tennessee Division of Consumer Affairs500 James Robertson Pkwy., 5th Floor
Nashville, TN 37243-0600
Telephone: (615) 741-4737
Fax: (615) 532-4994
One may also submit a complaint to the Nebraska Judicial Branch’s Commission on the Unauthorized Practice of Law. Contact information may be obtained here.
Reporting Ineffective Assistance of Counsel
To report ineffective assistance of counsel in Tennessee, contact the Board of Professional Responsibility using this information page.
Contact Information for Relevant Agencies
Notary Public Information:
State of TennesseeDepartment of State
Division of Publications
312 Eighth Avenue North
8th Floor, Wm. R. Snodgrass Tower
Nashville, TN 37243
Tel: (615) 741-2650
Tennessee Office of the Attorney General UPL Division:
State of TennesseeOffice of the Attorney General
Consumer Advocate & Protection Division
Attn: Unauthorized Practice of Law
P.O. Box 20207
Nashville, TN 37202-0207
Facsimile: (615) 532-2910
Tennessee Division of Consumer Affairs:
Tennessee Division of Consumer Affairs500 James Robertson Pkwy., 5th Floor
Nashville, TN 37243-0600
Telephone: (615) 741-4737
Fax: (615) 532-4994
Becoming a Notary Public
How to become a notary public:
- Obtain and complete an application from the County Clerk’s office.
- Find your County Clerk’s contact information here.
- Submit the completed application to the appropriate County Clerk with the application fee of $12 ($7 for the County Clerk and $5 for the Secretary of State).
- Be elected by the county legislative body (county commission) in the county in which the applicant resides or maintains his/her principal place of business at the time of his/her election.
- Secure a surety bond. Bonds are available through Tennessee insurance companies/agencies that sell surety bond coverage.
- Provide proof of the bond to the County Clerk. The applicant’s documents will be submitted to the state. The Secretary of State’s office will issue the Notary Commission and return it to the County Clerk’s office for the applicant to pick up.
- Obtain your Notary seal. You County Clerk may be able to assist you.
There is also an online tool that one may use in order to search and locate current notaries, which can be accessed here.
