Notary Public Complaints Relating to Unauthorized Practice of Law
- Secretary of State's Office. A notary public who is not an attorney and who advertises the services of a notary public in a language other than English, whether by signs, pamphlets, stationery, or other written communications or by radio or television, shall post or otherwise include with the advertisement a notice that the notary public is not an attorney.
- The notice must be in English and in the language
of the advertisement and in letters of a conspicuous size. If
the advertisement is by radio or television, the statement may
be modified, but must include substantially the same message.
The notice must include the fees that a notary public may charge
and the following statement:
"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
- The notary public may not use the phrase "notario publico" or "notario" to advertise notary services.
- Complaints that advertisements are lacking the legally required information, or contain the above unauthorized terms, can be made to the Secretary of State's office without filing an official complaint form. Promotional materials and/or pictures of the allegedly illegal advertisement may be mailed anonymously to: Secretary of State, Statutory Documents, P.O. Box 13550, Austin, Texas 78711-3550.
- Unauthorized Practice of Law Committee. In cases of the alleged unauthorized practice of law along the Texas-Mexico border, a Mexican resident may complain to the Texas Supreme Court's Unauthorized Practice of Law (UPL) Committee. This committee takes action in cases concerning the provision of immigration and naturalization services by a non-lawyer. An individual may file a complaint with the Unauthorized Practice of Law Committee at http://www.txuplc.org/ or may request a complaint form by calling Tanya Beckham, Office of Chief Disciplinary Counsel, State Bar of Texas, at 877-953-5535. * Prior to April 1, 1999, a complainant's identity would remain confidential. However, the Texas Supreme Court has rendered a decision making the UPL Committee subject to Rule 12 of the Texas Rules of Judicial Administration, which subjects the identity of the complainant to public disclosure.
- If the UPL Committee finds that the notary practiced law illegally, the matter may be referred to the Secretary of State's office. Based on the findings of the UPL Committee, the Secretary of State's office may discipline the notary public, including the revocation of the notary's commission. In the course of the Secretary of State's investigation based on the recommendation of the UPL Committee, the identity of the complainant need not be known by the Secretary of State.
- If a Mexican resident complains only to the Secretary of State's office or in concurrence with a complaint to the UPL Committee, the accused notary public can obtain the identity of the complainant from the Secretary of State's office in accordance with a 1989 Attorney General's opinion. However, the Secretary of State's office is not required legally and does not routinely report the names of any complainants on any matter to the Immigration and Naturalization Service or any other local, state or federal agency.
- Attorney General's Office. The Consumer Protection Division of the Attorney General's Office will take complaints concerning the unauthorized practice of law when a consumer has been injured by such practice. The action is brought as a deceptive trade practice under the Texas Deceptive Trade Practices Act. The Attorney General also will initiate a complaint on its own if it determines that such a practice has occurred. While the Attorney General may be able to retain some degree of confidentiality during its investigation, at some point the identity of the complainant must become public record.
- Criminal Offenses. Effective September 1, 2001, a violation of § 406.017 of the Government Code, concerning a notary public’s representation as an attorney, becomes a criminal offense. A first-time conviction is a Class A misdemeanor. A subsequent conviction is a felony of the third degree. In addition, notaries public are "public officers." As such, they can be charged with "official misconduct" under the Penal Code. Criminal complaints may be filed with the District or County Attorney, as appropriate. Additionally, some violations by notaries may also be handled as deceptive trade practices under the Texas Deceptive Trade Practices Act (see above under Attorney General's Office).