North Dakota UPL Statute Summary
North Dakota Stat. §27.11.01. Practicing law and serving on courts of record without certificate of admission and without payment of annual license fee prohibited - Penalty.
North Dakota has a specific statute prohibiting the unauthorized practice of law, ND Stat. § 27.11.01. However, it does not list an extensive set of examples of what constitutes UPL. The acts of a notario could be argued to fall under the “act as counselor of law.” North Dakota does not provide for a private cause of action in these instances.
The statute states:
“Except as otherwise provided by state law or supreme court rule, a person may not practice law, act as an attorney or counselor at law in this state, or commence, conduct, or defend in any court of record of this state, any action or proceeding in which the person is not a party concerned, nor may a person be qualified to serve on a court of record unless that person has:
- Secured from the supreme court a certificate of admission to the bar of this state; and
- Secured an annual license therefor from the state board of law examiners.
Any person who violates this section is quality of a Class A misdemeanor.
Revised Uniform Law on Notarial Acts, N.D. Cent. Code Ann § 44-06.1-23 Prohibited Acts
1. A commission as a notary public does not authorize an individual to:
a.. Assist in drafting legal records, give legal advice, or otherwise practice law;
b. Act as an immigration consultant or an expert on immigration matters;
c. Represent an individual in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters; or
d. Receive compensation for performing any of the activities listed in this subsection.
2. A notary public may not engage in false or deceptive advertising.
3. A notary public, other than an attorney licensed to practice law in this state, may not use the term "notario" or "notario publico".
4. A notary public, other than an attorney licensed to practice law in this state, may not advertise or represent that the notary public may assist in drafting legal records, give legal advice, or otherwise practice law. If a notary public, who is not an attorney licensed to practice law in this state, in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, and the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the secretary of state, in the advertisement or representation, prominently and in each language used in the advertisement or representation: "I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities." If the form of advertisement or representation is not broadcast media, print media, or the internet, and does not permit the inclusion of the statement required by this subsection because of size, it must be prominently displayed or provided at the place of performance of the notarial act before the notarial act is performed.
Licensing Agency UPL Awareness
North Dakota has a consumer protection agency under the office of the Attorney General. One would think that the type of fraud perpetrated by notaries should be covered by this agency. However, in communicating with their office, I was told that the problem of notaries was an issue outside of the scope of their office. They directed me to the state bar association.
The following link provides consumers with a complaint form, unfortunately, the form is only available in English. You can also file an online complain here.
Reporting Ineffective Assistance of Counsel
To report ineffective assistance of counsel in North Dakota, review these instructions North Dakota Supreme Court Disciplinary Board.
Contact Information for Relevant Agencies
For UPL Complaints:
Office of Disciplinary Counsel125 Slate Dr., Ste. 2,
P.O. Box 2297
Bismarck, ND 58502-2297
Tel: (701) 328-3925
Fax: : (701) 328-3964
Attorney General’s Consumer Complaint Dept.:
Consumer Protection DivisionOffice of the Attorney General
Gateway Professional Center
1050 E. Interstate Ave., Suite 200
Bismarck, ND 58503-5574
Tel: (701) 328-3404
Notary Administration:
Secretary of StateState of North Dakota
600 E. Boulevard Ave., Dept. 108
Bismarck, ND 58505-0500
Tel: (701) 328-2901
Toll free: (800) 352-0867, option 7
Fax: (701) 328-0107
Email: sosaccnot@nd.gov
Becoming a Notary Public
To become a Notary Public, one must be:.
- Be at least 18 years old
- A citizen or permanent legal resident of the United States
- Reside or be employed in North Dakota or a bordering county from a reciprocating state,
- Able to read and write English and
- Pay a $36 fee along with the application.
The method to become a notary can be found here.
There are several prohibitions given to notaries in ND, including not being able to act in any way similar to a counselor of law or use the term “notario” in advertising unless the person is also a licensed attorney. ND. Stat. § 44-06. 1-23.
The statute permits the Secretary of State to issue sanctions against persons violating these provisions, including revocation of license, civil penalty of up to $500 or a letter of reprimand. ND. Stat. § 44-06. 1-21.
Though the ND statute does provide for the creation of a licensed notary database, one does not appear to exist online. ND. Stat. § 44-06.1-22.
