Vermont UPL Statute Summary

3 V.S.A § 127. Unauthorized Practice

  • This statute was enacted in 1989 and amended in 1995.
  • When the Office receives a complaint of unauthorized practice, the Director shall refer the complaint to Office investigators and prosecutors.
  • The Attorney General or an attorney assigned by the Office of Professional Regulation may elect to bring an action seeking only a civil penalty of not more than $1,000.00 for practicing or permitting the practice of a regulated profession without authority before the board having regulatory authority over the profession or before an administrative law officer.
  • In addition to other provisions of law, unauthorized practice shall be punishable by a fine of not more than $5,000.00 or imprisonment for not more than one year, or both. Prosecution may occur upon the complaint of the Attorney General or a State's Attorney or an attorney assigned by the Office of Professional Regulation under this section and shall not act as a bar to civil or administrative proceedings involving the same conduct.

Licensing Agency UPL Awareness

The Vermont Secretary of State maintains a master list of all notaries public appointed and commissioned in the State of Vermont. The Notary Public Database, found here. It can be used for verification of a single notary public, or to download lists of Vermont notaries statewide, by county or by a specific zip code.

Enforcement Mechanisms/Complaint Processes for UPL

The Vermont Bar Association has a Client’s Security Fund. However, the fund is meant to reimburse claimants for losses caused by the dishonest conduct of a lawyer, meaning that a victim of UPL would not be able to access the funds.

Reporting Ineffective Assistance of Counsel

To report ineffective assistance of counsel in Vermont, use the instructions available here.

A complaint must be in writing and should set out the facts that make you think that the attorney did something wrong. Complaints should focus on facts, not opinion or argument..

Complaints should be sent to:

Professional Responsibility Program
32 Cherry Street, Suite 213
Burlington, VT 05401
Email: jud.prpcomplaints@vermont.gov

Contact Information for Relevant Agencies

Office of Bar Counsel

Michael Kennedy, Esq.
Costello Courthouse
32 Cherry Street, Suite 213
Burlington, VT 05401
Phone: (802) 859-3000

Office of Disciplinary Counsel

Sarah Katz, Esq.
Costello Courthouse
32 Cherry Street, Suite 213
Burlington, VT 05401
Phone: (802) 859-3000

Professional Responsibility Board

Deb Laferriere, Program Administrator
Vermont Supreme Court
Professional Responsibility Program
109 State Street
Montpelier, VT 05609
Phone: (802) 828-3204

Becoming a Notary Public

To become a notary public, one must:

  • Be 18 years or older.
  • Be a Vermont resident or a resident of an adjoining state who maintains a place of business or is regularly employed in Vermont
  • Be a resident of the county where appointed or maintain a place of employment or business in that county.
  • Be appointed by the judges of the superior court of the county in which the individual resides, unless they are an ex-officio notary (clerk of the supreme court, county clerk, district court clerk, family court clerk, justice of the peace, town clerk, assistant town clerk, or deputy).
  • Fill out the Notary application, found here.
  • Take the oath of office before a current notary public or other officer, such as a justice of the supreme court, superior judge, assistant judge, justice of the peace, judge of the district court, presiding officer, secretary or clerk f either house of the general assembly or the governor.
  • Present the completed application, along with the $30 fee, to the county clerk in the county in which the individual resides. This may be done in person or by mail.

Pursuant to 2018, No. 160, notaries public will be licensed by the Secretary of State’s Office of Professional Regulation (OPR), effective December 1, 2018. The updated act will take effect on July 1, 2019.