Key Takeaways
- Notaries may NOT give legal advice
- Cannot explain the legal effects of documents
- Cannot recommend specific documents or forms
- Cannot draft legal documents for others
- Should refer legal questions to licensed attorneys
Unauthorized Practice of Law
A signer looks at the document and asks: "So this power of attorney lets my daughter do anything with my bank accounts, right? Is that a good idea?"
You want to help. You've notarized hundreds of powers of attorney. You think you know the answer. But the moment you open your mouth to explain what the document means or advise whether it's a "good idea," you have crossed the line into unauthorized practice of law (UPL).
This is one of the most common—and most serious—mistakes notaries make.
What Is Unauthorized Practice of Law?
UPL occurs when someone who is not a licensed attorney:
| UPL Activity | Example |
|---|---|
| Giving legal advice | "You should sign this because..." |
| Explaining legal effects | "This deed transfers ownership to..." |
| Interpreting documents | "This clause means that..." |
| Drafting legal documents | Writing a contract for someone |
| Selecting forms | "You need a quitclaim deed for that" |
| Representing clients | Appearing on someone's behalf in legal matters |
The Line Between Permitted and Prohibited
| ✅ PERMITTED | ❌ PROHIBITED |
|---|---|
| "What type of notarization do you need?" | "You should get an acknowledgment" |
| "Sign here in my presence" | "By signing this, you're transferring your rights" |
| Reading the document aloud | Explaining what the document means |
| Providing blank forms (without recommendation) | Advising which form to use |
| "Please consult an attorney" | "This document looks fine to me" |
| Describing acknowledgment vs. jurat | Advising which is better for the signer |
Phrases That Signal UPL
NEVER say:
| Prohibited Phrase | Why It's UPL |
|---|---|
| "You should..." | Giving advice |
| "This means that..." | Interpreting legal effect |
| "If you sign this, then..." | Explaining consequences |
| "You need..." | Recommending action |
| "This is better than..." | Making legal judgment |
| "Don't worry, it's just..." | Minimizing legal significance |
What You CAN Do
| Activity | Permitted |
|---|---|
| Explain the notarial process | ✓ YES |
| Describe difference between acknowledgment and jurat | ✓ YES |
| Read the document aloud if requested | ✓ YES |
| Provide multiple blank forms without recommendation | ✓ YES |
| Direct signers to legal resources | ✓ YES |
| Say "I recommend you consult an attorney" | ✓ YES |
The Magic Response
When asked a legal question, use this response:
"I'm a notary public, not an attorney. I cannot give legal advice. For questions about what this document means or whether you should sign it, please consult a licensed attorney."
This response:
- Protects you from UPL allegations
- Protects the signer from bad advice
- Is always correct
Why UPL Is Serious
| Consequence | Impact |
|---|---|
| Criminal charges | UPL is a crime |
| Commission revocation | Lose your notary status |
| Civil liability | Sued for damages |
| Harm to public | Wrong advice has real consequences |
On the Exam
Expect 2-3 questions on UPL. Key points tested:
- Cannot give legal advice: Any explanation of legal effect is prohibited
- Cannot recommend forms: "You need a quitclaim deed" is UPL
- CAN read aloud: Reading is not interpreting
- CAN explain notarial procedures: Your own process is fair game
- Safe answer: "Please consult an attorney"
A signer asks what a quitclaim deed means. What should the notary say?
Can a notary read a document aloud to a signer?