Maryland UPL Statute Summary
MD Code, Business Occupations & Professions, §10-601. Bar admission required to practice law in the State
(a) Except as otherwise provided by law, a person may not practice, attempt to practice, or offer to practice law in the State unless admitted to the Bar.
(b) While an individual is on inactive status or disbarred or while the individual’s right to practice law is suspended or revoked, the individual may:
- discharge existing obligations;
- collect and distribute accounts receivable; or
- perform any other act that is necessary to conclude the affairs of a law practice but that does not constitute practicing law.
(c) It is not a defense to a charge of a violation of this section that the defendant acted through an officer, director, partner, trustee, agent, or employee who is a lawyer.
MD Code, Business Occupations & Professions §10-602. Representations to the public; practice of law
Unless authorized by law to practice law in the State, a person may not represent to the public, by use of a title, including “lawyer”, “attorney at law”, or “counselor at law”, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice law in the State.
MD Code, Commercial Law, T. 14, Subt. 33, - Maryland Immigration Consultant Act
The Maryland Immigration Consultant’s Act protects victims of notario fraud or the unauthorized practice of law through consumer protection. The act applies to anyone who is not a Maryland licensed attorney, a Maryland clinical student, or a nonprofit representative under 8 CFR § 292. The act applies to attorneys who have been suspended or stripped of their bar license. An immigration consultant, as defined under the act must post a sign, in a conspicuous location at each of their places of business, that states, “I am not an attorney licensed to practice law in Maryland, and may not provide legal forms, provide legal advice, or provide legal services.”
MD Code, Commercial Law, §14–3303. Prohibited activities of immigration consultant.
An immigration consultant may not:
- Provide legal advice or legal services concerning an immigration matter;
- Make a misrepresentation or false statement to influence, persuade, or encourage a client to use services provided by the immigration consultant;
- Make a statement that the immigration consultant can or will obtain special favors from or has special influence with the United States Department of Homeland Security, the United States Department of Labor, the United States Department of State, the United States Department of Justice, or the United States Department of Commerce;
- Collect any fees or other compensation for services not yet performed;
- Refuse to return documents supplied by, prepared by, or paid for by a client, at the client’s request; or
- Represent, advertise, or communicate in any manner that the immigration consultant possesses titles or credentials that would qualify the immigration consultant to provide legal advice or legal services.
MD Rules Attorneys, Rule 19-305.5 Unauthorized Practice of Law, Mult-Juridictional Practice of Law
(a) An attorney shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.
(b) An attorney who is not admitted to practice in this jurisdiction shall not:
- except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
- hold out to the public or otherwise represent that the attorney is admitted to practice law in this jurisdiction.
(c) An attorney admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services on a temporary basis in this jurisdiction that:
- are undertaken in association with an attorney who is admitted to practice in this jurisdiction and who actively participates in the matter;
- are in or reasonably related to a pending or potential proceeding before a tribunal in this or another jurisdiction, if the attorney, or a person the attorney is assisting, is authorized by law or order to appear in such proceeding or reasonably expects to be so authorized;
- are in or reasonably related to a pending or potential arbitration, mediation, or other alternative dispute resolution proceeding in this or another jurisdiction, if the services arise out of or are reasonably related to the attorney's practice in a jurisdiction in which the attorney is admitted to practice and are not services for which the forum requires pro hac vice admission; or
- are not within subsections (c)(2) or (c)(3) of this Rule and arise out of or are reasonably related to the attorney's practice in a jurisdiction in which the attorney is admitted to practice.
(d) An attorney admitted in another United States jurisdiction, and not disbarred or suspended from practice in any jurisdiction, may provide legal services in this jurisdiction that:
- are provided to the attorney's employer or its organizational affiliates and are not services for which the forum requires pro hac vice admission; or
- are services that the attorney is authorized to provide by federal law or other law of this jurisdiction.
Enforcement Mechanisms/Complaint Processes for UPL
Victims may contact the Consumer Protection Section of the Office of Attorney General. You may file a complaint online. Victims may also contact the Howard County Office of Consumer Affairs here, or the Montgomery County Office of Consumer Protection here.
Liability may be found under the Consumer Protection Act, accessible here.
Reporting Ineffective Assistance of Counsel
To report ineffective assistance of counsel in Maryland, contact the Attorney Grievance Commission using this page.
Contact Information for Relevant Agencies
Notary Administration:
Notary DivisionOffice of the Secretary of State
State House
Annapolis, MD 21401
Tel: (410) 974-5520
Toll Free: 1-888-874-0013 ext. 3861
Email: dlnotary_sos@maryland.gov
Office of Attorney General:
Baltimore Metro Area (main)Office of Maryland Attorney General
Consumer Protection Division
Tel: (410) 576-6300
En español: (410) 230-1712
Consumer Hotline: (410) 528-8662
Toll Free 1-888-743-0023
Fax: (410) 576-7040
Consumer Protection Email: consumer@oag.state.md.us
Attorney General Email: oag@oag.state.md.us Western Maryland
Consumer Protection Division office
44 North Potomac Street, Suite 104
Hagerstown, MD 21740
Tel: (301) 791-4780 Eastern Shore
Consumer Protection Division Office
District Court
201 Baptist Street, Suite 30
Salisbury, MD 21801
Tel: (410) 713-3620 Prince George’s County
Consumer Protection Division Office
9200 Basil Court, Suite 301
Largo, MD 20774
el: (301) 386-6200 Southern Maryland
Consumer Protection Division office
15045 Burnt Store Road
Hughesville, MD 20637
Mailing address:
P.O. Box 745
Hughesville, MD 20637
Tel: (301) 274-4620
Toll Free 1-866-366-8343
2nd Tuesday of the month
Please call to verify hours of operation before coming into this office. Cumberland Area Telephone Assistance
Tel: (301) 722-2000 ext. 6417
9 a.m. to 12 p.m., 3rd Tuesday of the month Frederick Area Telephone Assistance
Tel: (301) 600-1071
9 a.m. to 1 p.m., 2nd and 4th Thursday of the month
Office of Bar Counsel
Office of Bar Counsel200 Harry S. Truman Parkway
Suite 300
Annapolis, MD 21401
Tel: (410) 514-7051
Becoming a Notary Public
- Must be 18 years of age
- Of known good character, integrity and abilities
- Live or work in the State of Maryland
- Pay a $9.00 non-refundable processing fee.
The application may be accessed here.
The Notary Public Handbook may be accessed here and the Secretary of State Notary Division can be accessed here.
The Secretary of State has a search tool of recently issued commissions or to locate any current Maryland notary, which can be accessed here.
