Washington UPL Statute Summary
Civil Statute: RCW §19.154.Washington Immigration Fraud Protection Act, enacted in 2011, that works in conjunction with Consumer Protection Act RCW §19.86.
RCW §19.154.010: Findings. The legislature finds and declares that the practice by nonlawyers and other unauthorized persons of providing legal advice and legal services to others in immigration matters substantially affects the public interest. The practice of nonlawyers and other unauthorized persons providing immigration-related legal advice and legal services for compensation may impact the ability of their customers to reside and work within the United States and to establish and maintain stable families and business relationships. The legislature further finds and declares that the previous scheme for regulating the behavior of nonlawyers and other unauthorized persons who provide immigration-related services is inadequate to address the level of unfair and deceptive practices that exists in the marketplace and often contributes to the unauthorized practice of law. It is the intent of the legislature, through chapter 244, Laws of 2011, to prohibit nonlawyers and other unauthorized persons from providing immigration-related services that constitute the practice of law.
Criminal Statute: RCW §2.48.180: Unlawful Practice of a Crime.
Enforcement Mechanisms/Complaint Processes for UPL
One can file a complaint on the Washington State Bar Association website found here with the Practice of Law Board.
You can mail the form to:
Practice of Law Board1325 4th Avenue, Suite 600
Seattle, WA 98101-2539
Email: UPL@wsba.org
Additionally, there is information on the Washington State Attorney General Website found here.
A complain can be submitted online (English or Spanish) or by mail. To send by mail, please printable download the form (English or Spanish) and address it to:
Consumer Protection800 5th Ave. Suite 2000
Seattle, WA. 98104-3188
Call centers are open Monday through Friday, 10 a.m. to 3 p.m.
- 1-800-551-4636 (in Washington only)
- (206) 464-6684
- 1-800-833-6388 (Washington State Relay Service for the hearing impaired)
The Attorney General has established this website and provided mechanisms to file complaints.
In addition, from 2010 to 2012, the Washington AG Consumer Protection Division was very active in acting on tips from the public and enforcement through consent degrees. The AG also had a very prominent presence in the Latino Community, funding anti-notario television and newspaper ads in Spanish. At the time there were at least three full-time attorneys who focused on UPL issues.
There have been cases of successful litigation against notarios in civil court, many enforcement decrees filed in court, and recently there was an ongoing prosecution of a notario in the Tri-Cities area of Eastern Washington; the notario was working in collaboration with a pair of attorneys. The notario is currently being held in criminal custody and the attorneys who worked with him are being investigated for criminal prosecution, although one has already been disbarred on other grounds.
Reporting Ineffective Assistance of Counsel
To report ineffective assistance of counsel, you may file a complaint with the Washington State Bar Association using this instructional page.
Difficulties in Complaint Process/Actual Suppression of UPL
State budget constraints and enforcement priorities generally prevent the AG or prosecutors from bringing charges except in egregious circumstances. Private individuals often do not file and follow up with a complaint through the court due to economic constraints, lack of availability of legal counsel willing to take this type of case, the unwillingness of members of the same community bringing grievances against their own community, as well as the fear of retaliation from the unlawful practitioner.
Contact Information for Relevant Agencies
Washington Attorney General:
1125 Washington Street SEPO Box 40100
Olympia, WA 98504-0100
Consumer Protection Hotline: 1-800-551-4636 (in-state only)
1-206-464-6684 (out-of-state callers)
1-800-833-6388 (Washington State Relay Service for the hearing impaired)
Notary Public Agency:
Forms with payments:Notary Public Program
Department of Licensing
PO Box 35001
Seattle, WA 98124-3401 Mail with no payments:
Notary Public Program
Department of Licensing
PO Box 9027
Olympia, WA 98507-9027 Overnight mailing (FedEx, UPS, USPS)
Notaries Public Program
Department of Licensing
1125 Washington Street
Olympia, WA 98501 Contact information:
Phone: (360) 664-1550
Fax: (360) 570-7053
Email: notaries@dol.wa.gov
Becoming a Notary Public
Notary Publics are governed by statute, RCW §42.45.200. To become a notary public, one must:
- Be 18 years old;
- Be able to read and write in English
- Be a citizen or permanent resident of the United States
- Live in Washington State, or have a place of employment or practice in Washington
- Get a $10,000 surety bond from any insurance company qualified to write surety bonds in Washington. Also, make sure the surety bond:
- Covers your 4-year notary public term.
- Shows your name and it matches your name and signature on the application.
- Is separate from Errors and Omissions Insurance. We only need proof of the surety bond.
- Complete the Notary Public Application found here
To see a list of other requirements, please use this link. For a resource of information for new notaries, please use this link.
RCW §42.45 Revised Uniform Law on Notarial Acts
