Idaho UPL Statute Summary

Idaho Statute §3-420, Unlawful Practice of Law - Penalty

If any person shall, without having become duly admitted and licensed to practice law within this state or whose right or license to practice therein shall have terminated either by disbarment, suspension, failure to pay his license or otherwise, practice or assume to act or hold himself out to the public as a person qualified to practice or carry on the calling of a lawyer within this state, he shall be guilty of an offense under this act, and on conviction thereof be fined not to exceed five hundred dollars ($500), or be imprisoned for a period of not to exceed six (6) months, or both, and if he shall have been admitted to practice law he shall in addition be subject to suspension under the proceedings provided by this act.(Emphasis added.)

Licensing Agency UPL Awareness

The Secretary of State Office seems to be aware of the issue of UPL as it is stated in the notary public handbook that UPL is official misconduct and may be grounds for removal. The handbook can be accessed here.

Enforcement Mechanisms/Complaint Processes for UPIL

The Idaho Consumer Protection Act can be accessed here.

Pursuant to Section VIII of the Idaho Bar Commission Rules, 800 et seq., Bar Counsel has the authority to investigate complaints of unauthorized practice of law under the direction of the Standing Committee on Unauthorized Practice of Law. The Idaho State Bar Association has a complaint process that is described here. 

If you believe that someone has engaged in the unauthorized practice of law in Idaho, you may make a complaint by submitting a written statement, preferably on a Bar Counsel Complaint Form (accessible here) to:

Idaho State Bar 
Office of Bar Counsel
P.O. Box 895
Boise, ID 83701

Reporting Ineffective Assistance of Counsel

Ineffective assistance of counsel can be reported to the Idaho State Bar here.

Contact Information for Relevant Agencies

Secretary of State:

Secretary of State
450 N 4th Street
Boise ID 83702

State Bar Counsel:

Bar Counsel’s Office
Idaho State Bar  
525 West Jefferson   
Boise, ID 83702
Tel: (208) 334-4500
Fax: (208) 334-4515 or (208) 334-2764
(Mailing address)
PO Box 895
Boise, ID 83701

Notary Public Information:

Secretary of State
450 N 4th Street
Boise, ID 83702
Tel: (208) 332-2810
Email: NTAA@sos.idaho.gov

Becoming a Notary Public

As described on the handbook:

  • Notaries are appointed by the Secretary of State for terms of six years.
  • Each applicant for appointment must:
  1. Be a citizen or permanent legal resident of the United States
  2. Be at least 18 years old
  3. Be a resident of, have a place of employment or place of practice in Idaho
  4. Be able to read and write the English language

Not be disqualified to receive a commission pursuant to Idaho Code §51-123

  • Complete the application form enclosed in the Notary Public Handbook. The applicant's signature must be notarized on the application.
  • Obtain a rubber stamp seal prior to submitting the application and bond with the Secretary of State's office. The seal may contain ONLY the words "Notary Public", "State of Idaho" and the notary public's name and NOTHING MORE (sample seals are shown on page 29 of the Notary Handbook). Notary stamp seals can be purchased at office supply stores, stationary stores and rubber stamp companies. Effective July 1, 1998 all new and renewing commissions shall obtain a rubber stamp seal. Stamp a sample of your seal where indicated on the application.
  • Obtain from a bonding or surety company (Insurance Agency) a $10,000 notary bond.
  • Enclose the $30.00 filing fee with your application. If you are an officer or employee of a state, county, city or district, and the commission is used in the scope of your employment, you are exempt from the $30.00 filing fee.
  • Submit the completed application, signed bond and $30.00 filing fee to the address listed below:
Secretary of State
450 N 4th Street
Boise, ID 83702

The Secretary of State has a search tool to keep track of recently issued commissions or to locate any current Idaho notary, which can be accessed here.

Under Idaho Statute §51-125, A commission as a notary public does not authorize an individual to:

  1. Assist persons in drafting legal records, give legal advice or otherwise practice law;
  2. Act as an immigration consultant or an expert on immigration matters;
  3. Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship or related matters; or
  4. Receive compensation for performing any of the activities listed in this subsection.

Additionally, a notary public, other than an attorney licensed to practice law in this state, may not use the term "notario" or "notario publico."