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Offering Legal Advice
- If a person needs help formulating a document, can I give advice?
- If I know the answers to some legal questions, may I provide the answers to my clients in connection with a notarization?
- Can a notary public provide his or her customers with general information regarding their legal documents?
- If my sister needs advice drafting her document, can I help her if I know the answers?
- I recently overheard another notary in my office explaining in great detail a document to the signer who presented it. The signer had no idea what the document was for, and the notary went to great lengths to tell her. I was under the impression that notaries were not supposed to explain documents. Is that true?
If a person needs help formulating a document, can I give advice?
No, a notary public may not assist in formulating a document because such action constitutes the unauthorized practice of law. A notary public must never, either orally or in writing, mislead the public to believe that he or she has duties, rights, powers, or privileges that are not granted by notary laws.
If I know the answers to some legal questions, may I provide the answers to my clients in connection with a notarization?
No, unless you are an attorney.
Can a notary public provide his or her customers with general information regarding their legal documents?
No. Any information regarding the customer’s legal document may be construed as legal advice because of your office as a notary public. The office of notary public is in principle a ministerial office that does not involve legal judgment or judicial discretion with regard to the notarial acts being performed.
If my sister needs advice drafting her document, can I help her if I know the answers?
No. A notary public who is not also a lawyer may not prepare, draft, select, or give advice concerning legal documents. Such violation constitutes the unauthorized practice of law, which is a criminal offense.
I recently overheard another notary in my office explaining in great detail a document to the signer who presented it. The signer had no idea what the document was for, and the notary went to great lengths to tell her. I was under the impression that notaries were not supposed to explain documents. Is that true?
A notary public who is not also an attorney may not give legal advice, prepare legal documents, or provide any other legal assistance that could be considered practicing law without a license. When an individual is requesting legal assistance from a notary public regarding his or her document, the notary must direct the individual to an attorney for legal advice.
Legal disclaimer: The information provided on this page is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and we do not guarantee the accuracy, completeness, or reliability of the information provided. You should always seek the advice of a licensed attorney for any legal matters. It is your responsibility to know the appropriate notary laws governing your state. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, or expenses, howsoever arising, including, and without limitation, direct or indirect loss, or consequential loss, out of or in connection with the use of the information contained on any of the American Association of Notaries website pages. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions.