Note: This version of section effective until 7-1-2018. See also following repeal of this chapter, effective 7-1-2018.

Sec. 10. (a) This section applies only to a person who is not an attorney in good standing admitted to practice law in Indiana.

1. (b) As used in this section, "advertise" means to make a communication to the public offering the person's services. The term includes a communication made in any medium, including a written medium, a broadcast medium, by means of the Internet, on a web site, or using any other form of electronic communication.

2. (c) As used in this section, "notary designation" means a representation that a person is a notary public, including the use of the term:

   1. (1) notary public;
   2. (2) notario;

   3. (3) notario publico;

      or any other term indicating in English or a language other than English that a person is a notary public.

3. (d) As used in this section, "notary disclosure" means a statement in English, and, if an advertisement requiring a notary disclosure is made in another language, the other language, stating:

   "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN INDIANA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."

   If the notary disclosure is required to be made in a written advertisement, the notary disclosure must appear in a conspicuous size. If the notary disclosure is required to be made in an oral advertisement, the notary disclosure must be spoken at a normal speed and at a normal volume.

4. (e) A person who knowingly or intentionally:

   1. (1) advertises using the notary designation without using the notary disclosure:

      1. (A) in the advertisement;
      2. (B) on the person's business card; and
      3. (C) on the person's letterhead;
   2. (2) advertises or claims to be an expert on immigration matters without being a designated entity as defined under 8 CFR 245a.1(l); or

   3. (3) accepts payment in exchange for providing legal advice or any other assistance that requires legal analysis, legal judgment, or interpretation of the law;

      commits notario publico deception, a Class A misdemeanor.

      [Pre-2004 Recodification Citation: 33-16-2-10.]

As added by P.L.98-2004, SEC.21. Amended by P.L.85-2007, SEC.2.