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Attorney general files 'notario publico' civil suits

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The Indiana Attorney General’s Office filed a pair of civil consumer deception lawsuits Wednesday against two non-attorneys for offering immigration services that constitute the unauthorized practice of law.

Both defendants offered immigration-related services normally done by attorneys to their Spanish-speaking clients, but neither is a licensed attorney and Attorney General Greg Zoeller alleges that neither is legally certified or trained to provide advice to clients on immigration law.

One suit was filed in Allen Circuit Court against Evelyne O. Casiano, who has been doing business as United Hispanic Caring Hearts in Fort Wayne. The second suit is in Marion Superior Court against The Mexican Civic Association of Indiana Inc. and M. Esther Barber, doing business as Asociacion Civica Mexicana De Indiana Inc. in Indianapolis.

The Fort Wayne suit alleges that Casiano operated as a “notario publico” since 2008, and two consumers paid her for services such as selecting, completing, and filing U.S. Citizenship and Immigration Services forms for them. Although Casiano claimed to be an “assistant to an attorney,” the suit says that no such relationship existed. One customer who complained of paying thousands of dollars in fees for legal assistance now faces deportation proceedings as a result of Casiano’s actions, according to AG spokesman Bryan Corbin.

In the Indianapolis case, the lawsuit alleges that Barber has advertised herself to the Spanish-speaking community as someone who can assist with immigration issues and since 2006 she has allegedly done similar selection, preparation, and completion of USCIS immigration forms for a fee.

The lawsuits both allege the defendants knowingly violated the Deceptive Consumer Sales Act by providing services without the required license and training, and the suits seek injunctions against Barber and Casiano to prevent them from advising consumers about immigration policies or doing that type of work without first obtaining a license to practice law.

Each lawsuit also seeks consumer restitution for unlawfully obtained funds, civil penalties of up to $5,000 for each knowing violation and up to $500 for each intentional violation of the Deceptive Consumer Sales Act, as well as attorneys’ fees.

Separate from the civil consumer suit, the AG also used the office’s limited criminal jurisdiction to have a search warrant issued Wednesday on Barber’s business and residence in Indianapolis as part of an investigation into possible tax offenses. Authorities seized records from the residence and business and those documents are still being reviewed. No charges have been filed at this point for any tax violations that may have occurred.

Zoeller is trying to raise awareness about the larger issue of non-English speakers seeking immigration assistance from individuals called “notarios” who aren’t licensed to practice law but who might be assumed to be attorneys by the immigrant population. In the U.S., a notary public is a person certified to serve as a state-authorized witness for the notarization of documents. But in Spanish-speaking nations, the term “notario publico” can refer to an attorney with specialized training. Language barriers or misunderstandings might make immigrant clients more trusting of advice they receive from notaries here.

These suits are the first actions filed against “public notaries” since the December 2005 decision by the Indiana Supreme Court in State of Indiana ex rel. Indiana State Bar Assoc., et al. v. Ludy Diaz, 838 N.E.2d 433 (Ind. 2005), which specifically focused on this type of activity and determined it constituted the unauthorized practice of law.

While this isn’t a UPL action specifically, Corbin says that possibility is still available and could happen against one or both of these individuals. The AG, Indiana Supreme Court’s Disciplinary Commission, and Indiana State Bar Association are the three entities with power to file UPL actions. Corbin said this civil litigation was chosen because it can be addressed immediately and an injunction can be issued more quickly than what is typical through the UPL investigation and litigation process.

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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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