HARRISBURG (May 8, 2006) - The Pennsylvania Bar Association (PBA) Unauthorized Practice of Law (UPL) Committee is available to investigate complaints against notaries public and other non-lawyers who are billing themselves as "visa consultants" and are misrepresenting their knowledge and their authorization to serve clients with immigration matters.

Anyone other than a lawyer or a specially-trained, federally-authorized representative of a charitable organization who helps to complete U.S. Customs and Immigration Service forms and other government forms related to immigration and naturalization procedures should inform the client that he or she is not qualified in legal matters or in immigration and naturalization procedures. In addition, fees charged by non-lawyers to complete such forms should be nominal.

The PBA UPL Committee believes that some notaries and others are financially benefiting from the confusion between the American and Latin American use of the term "notary." In some civil law countries, particularly in Latin America, notaries public are known as "notarios" and "notario publico" and are required to be lawyers.

"We conclude that notaries in Pennsylvania should not use the 'notario' and 'notario publico' terms either in writing or in discussions with clients when providing or seeking to provide services to persons from Spanish speaking countries," said Arthur N. Read, a committee member who led the development of the PBA's formal opinion on the unauthorized practice of immigration law.

Complaints about unauthorized practice of immigration law should be reported to the Pennsylvania Bar Association Unauthorized Practice of Law Committee, 100 South Street, P.O. Box 186, Harrisburg, PA 17108-0186.

The Pennsylvania Bar Association Unauthorized Practice of Law Committee will send cease and desist letters to offenders and inform the Pennsylvania Office of Attorney General and, where appropriate, the local district attorney's office to encourage legal action against offenders. The committee also will refer complaints to the Pennsylvania Department of State Professional Compliance Office, which licenses notaries and which has the authority to pursue penalties against those who violate the notary public law and other professional licensing statutes.

Non-lawyers involving themselves in immigration matters can be found guilty of violating Pennsylvania's unfair trade practices and consumer protection law and the unauthorized practice of law statute, a misdemeanor carrying fines and prison terms.

To read the PBA UPL Committee's opinion, visit the Committees/Section pages within the Public Resources area of the PBA's Web site at: http://www.pabar.org. See: http://www.pabar.org/public/committees/unautpra/Opinions/uplm06-1.asp.