Unauthorized Practice of Law

An attorney or similar trained legal professional often holds the position of a Notary Public in Mexico and many foreign countries. To avoid deception by such persons and to dispel erroneous assumptions, the Texas Legislature enacted §406.017 of the Government Code. Section 406.017 states:

1. A person commits an offense if the person is a notary public and the person:
    
   1. States or implies that the person is an attorney licensed to practice law in this state;
       

   2. A notary public in Texas is not a legal professional.

      Solicits or accepts compensation to prepare documents for or otherwise represent the interest of another in a judicial or administrative proceeding, including a proceeding relating to immigration to the United States, US citizenship, or related matters;
       
   3. Solicits or accepts compensation to obtain relief of any kind on behalf of another from any officer, agency, or employee of this state or the United States;
       
   4. Uses the phrase "notario” or "notario publico" to advertise the services of a notary public, whether by signs, pamphlets, stationary, or other written communication or by radio, or television; or,
       
   5. Advertises the services of a notary public in a language other than English, whether by signs, pamphlets, stationary, or other written communication or by radio or television; if the person does not post or otherwise include the notice with the advertisement a notice that complies with Subsection (b).
       
2. The notice required by Subsection (a)(5) must state that the notary public is not an attorney and 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."
    
3. It is an exception to prosecution under this section that, at the time the conduct charged, the person is licensed to practice law in this state and is in good standing with the State Bar of Texas.
    
4. Except as provided by Subsection (e) of this section, an offense under this section is a Class A misdemeanor.
    
5. An offense under this section is a felony of the third degree if it is shown on the trial of the offense that the defendant has previously been convicted under this section.
    
6. Failure to comply with this section is, in addition to a violation of any other applicable law of this state, a deceptive trade practice actionable under Chapter 17, Business & Commerce Code.