Practicing Law Without a License

Notaries are public officials appointed by their states’ commissioning authorities to serve the public as impartial witnesses to the signing of important documents. In most jurisdictions, notaries have three primary duties:

Many notaries are confused as to whether or not they can notarize documents that  they have drafted. In most cases, a notary cannot draft documents. To do so might be considered unauthorized practice of law. This does not, however, apply to notaries who are attorneys or who draft documents during the course of their employment.

Notaries exist in nearly every country on the planet, but the role of notaries in the United States is far more limited than that of their international counterparts. In other countries, notaries are usually lawyers or other professionals who have been specifically trained in the drafting of documents. 

Unless a notary is also a licensed attorney, he or she may not give legal advice or accept fees for legal advice. In civil-law jurisdictions, and in most common-law jurisdictions outside the United States, notaries are essentially lawyers who have extensive training in the drafting of documents. However, American common-law notaries do not have any legal authority unless they happen to also be a licensed attorney. As a result, it would be considered unauthorized practice of law for a non-attorney notary to give legal advice.

Notary stamps and seals is an important but confusing topic even for the most seasoned notary. So don't be embarrassed if you find yourself looking up this article. The rules can be tricky, and it's important to learn how to best protect yourself from liability or any appearance of impropriety. Below are some common questions we receive.

Most notaries take great care not to engage in the unauthorized practice of law, but some understandably grow concerned when presented with a power of attorney or other legal document. It's helpful to familiarize yourself with the various documents you might be called upon to acknowledge and to consider how you should answer if asked to draft or edit one.

Most experienced notaries know that they should always keep a stack of acknowledgement and jurat notarial certificates on hand in case a client presents them with a document that does not include a notarial certificate. Unfortunately, not all notaries are experienced. There are a good number of notaries who have been working for a while and yet are not aware that a document cannot be notarized without a notarial certificate printed on or attached to the document.

In its simplest form, the term notario publico translates to notary public. On a deeper level, however, the difference between a notario publico and a U.S. notary public is vast, and therefore it can be problematic for notaries to use this particular terminology in the United States. While a notary public in the United States is authorized to perform specific notarial acts and practice limited discretion, a notario publico in many Latin American countries is an individual who has received the equivalent of a law license and who is authorized to represent others before the government.

I honestly cannot count the number of times I've been asked the question, Once you notarize my document, will it be legal? If I were to guess, I'd say I'm asked at least once a week (during a slow week). It seems people feel that a notary public can do the same thing an attorney does, but at a cheaper price.

If you spend any time reading about notary duties, you will see many statements that a notary must avoid giving legal advice. What is legal advice?

If you provide notary services long enough, you will encounter people who have letters or statements or other documents that lack a pre-printed notary certificate. These are often the result of someone being told that they need a notarized statement or release or authorization in order to accomplish some purpose they have chosen.

Most notaries acquire a notary commission as an additional credential. Very often, offering notarial services is not the notary's only, or primary, occupation. Many individuals become notaries at the request of their employers, while others wish to offer services to their local communities and neighborhoods.

The following are issues that are addressed by law in many states and may carry severe penalties. Notaries in those states that do not address these issues should heed the following:

Notaries should follow proper procedures to minimize any risk of liability for an improper notarial act and reduce opportunities for fraud. With every notarization, the notary should use precise measures to: