Virginia UPL Statute Summary

Code of Virginia Annotated §54.1-3904. Penalty for practicing without authority.

Any person who practices law without being authorized or licensed shall be guilty of a Class 1 misdemeanor. A collection agency may refer debts to an attorney for collection with the creditor's approval of the referral and the fee arrangement and shall not be deemed to be engaged in the unauthorized practice of law. An attorney is permitted by the creditor's authorization to enter into such representation agreements.

The Virginia Notary Act also provides guidelines specific to notaries and the practice of immigration law. Specifically, notaries are not allowed to deceive, defraud, or assist a person in their legal case. If a person requires a notarial act on a legal form, the notary’s services are confined to that notarial act. Notaries cannot represent any person in immigration proceedings, provide legal advice, or advertise themselves in a way that implies their ability to render legal services (i.e. “notario,” “notario publico,” or “licenciado”).

The Virginia Notary Act also provides for civil liability for notaries who commit prohibited acts within the parameters of the Act:

§47.1-26.  Civil liability of notary

A notary public shall be liable for all damages proximately caused by his official misconduct.

§47.1-27. Civil liability of employer of notary

The employer of a notary public shall also be liable for all damages proximately caused by the official misconduct by such notary if:

  1. The notary public was acting within the scope of his employment at the time such damages were caused; and
  2. The employer had actual knowledge of, or reasonably should have known of, such notary's misconduct.

Prohibited acts can also cause the notary to lose their commission (§47.1-23). The complete set of rules for notaries, as well as the code, can be found here.

Enforcement Mechanisms/Complaint Processes for UPL

A person can file a complaint based on the Virginia Consumer Protection Act, which may be accessed here. You can submit an online Complaint Form or send it to:

Office of the Attorney General of Virginia
Consumer Protection Section
202 North Ninth Street
Richmond, Virginia 23219
Fax: (804) 225-4378

For further assistance, call the Consumer Protection Hotline at 1-800-552-9963 if calling from Virginia, or (804) 786-2042 if calling from the Richmond area or outside Virginia.

Reporting Ineffective Assistance of Counsel

To report ineffective assistance of counsel in Virginia, use the instructions available here.

To view a copy of How to File a Complaint Against a Lawyer as a brochure, use this link or contact the Virginia State Bar at (804) 775-0570. Callers outside the 804 Area code may dial toll free 1-866-548-0873.

All complaints must be in writing. There are three ways to file:

  • Download, print, and mail a complaint form
  • Submit via online form
  • Write a letter explaining the situation, which should contain:
    • Your full name and address. They will only accept complaints about individual lawyers, not law firms.
    • A brief but complete description of the facts explaining your situation, and
    • Your signature

Mail letters to:

Virginia State Bar Intake Office
1111 East Main, Suite 700
Richmond, VA 23219-0026

Contact Information for Relevant Agencies

Notary Public Information:

Office of the Secretary of the Commonwealth
P.O. Box 1795
Richmond, Virginia 23218-1795
Tel: (804) 692-2536
Fax: (804) 371-0017
Email: notary@governor.virginia.gov

Becoming a Notary Public

To be eligible to apply for a Virginia Notary Public Commission, one must be: 

  • At least eighteen years old,
  • Able to read and write the English language,
  • Be a legal resident of the United States,
  • Live or work in the Commonwealth of Virginia, and
  • Have not been convicted of a felony. Any person who has ever been convicted of a felony under the laws of the United States or this Commonwealth, or the laws of any other state, shall not qualify to be appointed and commissioned as a Virginia Notary Public unless such person has had his/her rights restored.
  • Non-residents of Virginia may be appointed as notaries if they are regularly employed in the state and perform notary services in connection with their employment. A non-resident notary who ceases to be regularly employed in Virginia must surrender his or her commission.
  • Virginia is a “self certifying state” and does not require classes or testing to qualify to become a notary public.

The application may be accessed here.