Minnesota UPL Statute Summary
Minn. Stat. §481.02, Unauthorized Practice of Law
- Subdivision 1.Prohibitions.
it shall be unlawful for any person or association of persons, except members of the bar of Minnesota admitted and licensed to practice as attorneys at law, to appear as attorney or counselor at law in any action or proceeding in any court in this state to maintain, conduct, or defend the same, except personally as a party thereto in other than a representative capacity, or, by word, sign, letter, or advertisement, to hold out as competent or qualified to give legal advice or counsel, or to prepare legal documents, or as being engaged in advising or counseling in law or acting as attorney or counselor at law, or in furnishing to others the services of a lawyer or lawyers, or, for a fee or any consideration, to give legal advice or counsel, perform for or furnish to another legal services, or, for or without a fee or any consideration, to prepare, directly or through another, for another person, firm, or corporation, any will or testamentary disposition or instrument of trust serving purposes similar to those of a will, or, for a fee or any consideration, to prepare for another person, firm, or corporation, any other legal document, except as provided in subdivision 3.
- Subdivisio 8.Penalty; injunction.
(a) Any person or corporation, or officer or employee thereof, violating any of the foregoing provisions shall be guilty of a misdemeanor; and, upon conviction thereof, shall be punished as by statute provided for the punishment of misdemeanors. It shall be the duty of the respective county attorneys in this state to prosecute violations of this section, and the district courts of this state shall have sole original jurisdiction of any such offense under this section.
(b) A county attorney or the attorney general may, in the name of the state of Minnesota, or in the name of the State Board of Law Examiners, proceed by injunction suit against any violator of any of the provisions above set forth to enjoin the doing of any act or acts violating any of said provisions.
(c) In addition to the penalties and remedies provided in paragraphs (a) and (b), the public and private penalties and remedies in section 8.31 apply to violations of this section.
Minn. Stat. §8.31 subd. 3, Additional Duties of Attorney General
In addition to the penalties provided by law for violation of the laws referred to in subdivision 1, specifically and generally, whether or not injunctive relief is otherwise provided by law, the courts of this state are vested with jurisdiction to prevent and restrain violations of those laws, to require the payment of civil penalties, to require payment into the general fund, and to appoint administrators as provided in subdivision 3c. On becoming satisfied that any of those laws has been or is being violated, or is about to be violated, the attorney general shall be entitled, on behalf of the state; (a) to sue for and have injunctive relief in any court of competent jurisdiction against any such violation or threatened violation without abridging the penalties provided by law; and (b) to sue for and recover for the state, from any person who is found to have violated any of the laws referred to in subdivision 1, a civil penalty, in an amount to be determined by the court, not in excess of $25,000. All sums recovered by the attorney general under this section shall be deposited in the general fund.
Minn. Stat. §325E.031 - Immigration Services
- Subdivison. 2.Notice.
(a) Any person who provides or offers immigration assistance services in this state shall post a notice at that person's place of business, setting forth information in English and in every other language in which the person provides or offers to provide immigration assistance services. Each language must be on a separate sign and posted in a location visible to customers. Each sign must be at least 11 inches by 17 inches and must contain the following statements:
- "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."
- "I AM NOT ACCREDITED TO REPRESENT YOU BEFORE THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES AND THE IMMIGRATION BOARD OF APPEALS."
(b) Any person who advertises immigration assistance services in a language other than English, whether by radio, television, signs, pamphlets, newspapers, or other written communication, with the exception of a single desk plaque, shall post or otherwise include with the advertisement a notice in English and the language in which the advertisement appears that contains the language in paragraph (a), clause (1)
Enforcement Mechanisms/Complaint Processes for UPIL
The Minnesota state bar association provides some structure to the complaint process. It has a form that can be printed and mailed. The form is provided in five languages. One can also file the form online (though only in English). The website can be found here.
A complaint form can be accessed here. Unfortunately, the form is only available in English.
Minnesota does provide for a process to claim reparations, but only to victims of violent crimes. There is a separate process for emergency situations that perhaps could be taken advantage of by notario victims. There is an Emergency Fund Application form that one can print out and mail in. The website is here.
Reporting Ineffective Assistance of Counsel
To report ineffective assistance of counsel in Minnesota, one may submit a complaint in English, Hmong, Russian, Somali or Spanish from this page.
Contact Information for Relevant Agencies
For UPL Complaints:
Office of Lawyers Professional Responsibility1500 Landmark Towers
345 St. Peter Street
St. Paul, MN 55102
Tel: (651) 296-3952
Toll free: 1-800-657-3601
Fax (651) 297-5801
TTY:1-800-627-352927-3529
Notary Administration:
Minnesota Secretary of StateRetirement Systems of MN Building
60 Empire Drive, Suite 100
St. Paul, MN 55103
Tel: 651-296-2803
Toll free: 1-977-551-6767 (Press Option 3)
Email: notary.sos@state.mn.us
Attorney General
Office of Minnesota Attorney General445 Minnesota Street, Suite 1400
St. Paul, MN 55101
Tel: (651) 296-3353 (Twin Cities Calling Area)
Toll Free: (800) 657-3787 (Outside the Twin Cities)
Becoming a Notary Public
To obtain a New Commission, the applicant must:
- Not have held a previous commission that has expired
- Complete and mail the Notary Application
- Pay the $120 non-refundable fee
- Be at least 18 years of age
- Be either a Minnesota resident or a resident of a county in Iowa, North Dakota, South Dakota or Wisconsin and list the Minnesota County he or she will be filing in upon receiving their commission.
Engaging in notarial duties without a commission in a misdemeanor. Minn. Stat. §359.08.
You may access the Secretary of State’s website for detailed information on the Notary Public process, forms, and training supplies here. You may use this tool to search for licensed notaries here.
