Connecticut UPL Statute Summary

Connecticut General Statutes §51-88. Practice of law by persons not attorneys.

  1. A person who has not been admitted as an attorney under the provisions of section 51-80 shall not:
    1. Practice law or appear as an attorney-at-law for another, in any court of record in this state,
    2. make it a business to practice law, or appear as an attorney-at-law for another in any such court,
    3. make it a business to solicit employment for an attorney-at-law,
    4. hold himself out to the public as being entitled to practice law,
    5. assume to be an attorney-at-law,
    6. assume, use or advertise the title of lawyer, attorney and counselor-at-law, attorney-at-law, counselor-at-law, attorney, counselor, attorney and counselor, or an equivalent term, in such manner as to convey the impression that he is a legal practitioner of law, or
    7. advertise that he, either alone or with others, owns, conducts or maintains a law office, or office or place of business of any kind for the practice of law. Or
    8. Otherwise engage in the practice of law as defined by statute or rule of the Superior Court
    1. Any person who violates any provision of this section shall be guilty of a class D felony, except that in any prosecution under this section, if the defendant proves by a preponderance of the evidence that the defendant committed the proscribed act or acts while admitted to practice law before the highest court of original jurisdiction in any state, the District of Columbia, the Commonwealth of Puerto Rico or a territory of the United States or in a district court of the United States and while a member in good standing of such bar, such defendant shall be guilty of a class C misdemeanor. No person whose admission to practice law under the provisions of section 51-80, or whose admission or permission to practice law pursuant to any other statute or rule of the Superior Court has been suspended, solely on the basis of the failure to pay the occupational tax on attorneys imposed pursuant to section 51-81b or the client security fund fee assessed pursuant to section 51-81d shall be subject to prosecution under this section for engaging in the practice of law during the period of such suspension.
    2. The provisions of subdivision (1) of this subsection shall not apply to any employee in this state of a stock or nonstock corporation, partnership, limited liability company or other business entity who, within the scope of his or her employment, renders legal advice to his or her employer or its corporate affiliate and who is admitted to practice law before the highest court of original jurisdiction in any state, the District of Columbia, the Commonwealth of Puerto Rico or a territory of the United States, a foreign jurisdiction as permitted by rule of the Superior Court or in a district court of the United States and is a member in good standing of such bar. For the purposes of this subdivision, “employee” means any person engaged in service to an employer in the business of his or her employer, but does not include an independent contractor.
    3. In any prosecution under section 53a-8 for soliciting, requesting, commanding, importuning or intentionally aiding in the violation of this section, and in any prosecution under section 53a-48 for conspiracy to violate this section, the state shall have the burden of proving beyond a reasonable doubt that the defendant had actual knowledge that the person was not admitted to practice law in any jurisdiction at the time such violation occurred.
    4. Any person who violates any provision of this section shall be deemed in contempt of court, and the Superior Court shall have jurisdiction in equity upon the petition of any member of the bar of this state in good standing or upon its own motion to restrain such violation.
  3. The provisions of this section shall not be construed as prohibiting:
    1. A town clerk from preparing or drawing deeds, mortgages, releases, certificates of change of name and trade name certificates which are to be recorded or filed in the town clerk's office in the town in which the town clerk holds office;
    2. any person from practicing law or pleading at the bar of any court of this state in his own cause;
    3. any person from acting as an agent or representative for a party in an international arbitration, as defined in subsection (3) of section 50a-101; or
    4. any attorney admitted to practice law in any other state or the District of Columbia from practicing law in relation to an impeachment proceeding pursuant to Article Ninth of the Connecticut Constitution, including an impeachment inquiry or investigation, if the attorney is retained by (A) the General Assembly, the House of Representatives, the Senate, a committee of the House of Representatives or the Senate, or the presiding officer at a Senate trial, or (B) an officer subject to impeachment pursuant to said Article Ninth.

Connecticut General Statutes §3-95a. Prohibition re notary offering or providing advice in immigration matters. Use of title of notario or notario publico.

(a) A notary public shall not offer or provide legal advice to any person in immigration matters or represent any person in immigration proceedings unless such notary public (1) has been admitted as an attorney under the provisions of section 51-80, or (2) is authorized pursuant to 8 CFR 292.2 to practice immigration law or represent persons in immigration proceedings.

(b) A notary public shall not assume, use or advertise the title of notario or notario publico, unless such notary public (1) has been admitted as an attorney under the provisions of section 51-80, or (2) indicates in any advertisement or otherwise provides written notice that such notary public is not licensed as an attorney in this state.

(c) Any notary public who violates any provision of this section shall have committed a violation of subsection (a) of section 51-88 and be subject to the penalties set forth in subsection (b) of section 51-88.

Licensing Agency UPL Awareness

Any person may file a formal complaint against a notary public. All complaints must be submitted in writing to the Notary Public Unit of the Secretary of the State's Office. A complaint must allege a specific violation of Connecticut Notary Public Law. It must also include photocopies of relevant documents.

Enforcement Mechanisms/Complaint Processes for UPL

There is also liability under the 2009 Unfair Trade Practices Act, which can be found here. One must contact the Attorney General’s Consumer Protection Department.  A consumer complaint form in English AND Spanish may be accessed online here. You may submit the form by email or mail to:

Department of Consumer Protection Complaint Center
450 Columbus Blvd., Ste. 901
Hartford CT 06103
Email: dcp.complaints@ct.gov

One may also involve the Connecticut Bar Association’s Unauthorized Practice of Law Committee. The Committee on the Unauthorized Practice of Law provides oversight for law practitioners not admitted as attorneys in Connecticut, and advises whether an activity is the practice of law. Advice is provided with disclaimers to avoid any implication that it is binding upon the recipient, or recognized by the courts as precedent.  Contact information can be found here.

Contact Information for Relevant Agencies

Department of Consumer Protection
450 Columbus Boulevard, Suite 901
Hartford, CT 06103-1840
Tel: (860) 713-6100

Consumer Complaint Center:

Toll Free: (800) 842-2649
Tel: (860) 713-6300
Fax: (860) 713-7239
Email: dcp.complaints@ct.gov

Connecticut Bar Association:

30 Bank Street
PO Box 350
New Britain, CT 06050-0350
Tel: (860) 223-4400
Fax: (860) 223-4488

Secretary of State:

30 Trinity Street
Hartford, CT 06106
Tel: (860) 509-6200

Notary Public:

PO Box 150470
Hartford, CT 06115-0470

Becoming a Notary Public

To be eligible to be a notary public in Connecticut, one must:

  • Be a resident of Connecticut or have a principal place of business in the state
  • Be 18 years of age or older.
  • Submit a completed application form, pay the application fee of $120.00
  • Pass a written examination administered by the Secretary of State’s Office.

The application can be accessed here. For more information, you may follow this link.