Notaries play an essential role in verifying identity, preventing fraud, and witnessing signatures. But unlike attorneys, notaries are not allowed to give legal advice, interpret documents, or help clients fill out legal forms. Doing so is considered the Unauthorized Practice of Law (UPL) — a serious violation that can result in penalties for the notary and legal consequences for the signer.
Whether you’re notarizing real estate papers, a power of attorney, business contracts, or immigration documents, it’s crucial to understand what a notary can and cannot do when it comes to legal assistance.
What Is the Unauthorized Practice of Law (UPL)?
The Unauthorized Practice of Law refers to any activity that requires a licensed attorney, performed by someone who is not an attorney.
Each state defines UPL slightly differently, but it generally includes:
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Giving legal advice
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Interpreting legal documents
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Choosing which legal forms someone should use
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Completing or drafting legal documents
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Representing someone in court or negotiations
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Advising about legal rights, duties, or consequences
Notaries are permitted to notarize documents — but they cannot tell you how to prepare them or what they mean.
Why Notaries Are Not Allowed to Give Legal Advice
1. Notaries Are Not Lawyers
Unless a notary is separately licensed as an attorney, they:
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Have no legal training
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Cannot explain your legal rights
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Cannot tell you what a document means
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Cannot help you decide whether you should sign
This protects consumers from accidental harm or misinformation.
2. Legal Advice Requires Legal Expertise
Even simple questions like:
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“Which notarial act do I need?”
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“Should I sign this document?”
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“What happens if I don’t sign?”
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“Which form should I use?”
…are considered legal advice.
These decisions affect your legal rights, and only an attorney is qualified to guide you.
3. Giving Legal Advice Can Invalidate Your Document
If a notary provides legal guidance they are not licensed to give, the document may later be challenged in court. This can jeopardize:
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Real estate closings
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Powers of attorney
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Estate documents
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Business agreements
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Immigration filings
Notaries must remain neutral to avoid conflicts and protect the signer.
Examples of Legal Advice Notaries Cannot Give
A notary cannot:
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Tell you which type of power of attorney you need
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Explain whether your real estate deed is correct
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Tell you which notarial certificate to choose (acknowledgment vs jurat)
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Interpret the meaning of a contract
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Help you fill out legal or court forms
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Decide who must sign the document
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Give immigration advice
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Suggest how to resolve a dispute
If your question requires explanation, interpretation, or decision-making, the notary must refer you to an attorney.
What Notaries CAN Do Legally
A notary CAN:
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Verify your identity
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Witness your signature
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Administer oaths and affirmations
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Apply a notarial seal
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Complete a notarial certificate if you tell them which one you need
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Refuse notarization if something is incomplete or suspicious
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Direct you to:
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An attorney
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The receiving agency
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Written instructions on the form
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Notaries ensure the document is signed properly — not whether it is legally correct.
Special Note: Immigration Documents
Immigration is one of the most sensitive areas of U.S. law.
Notaries CANNOT:
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Prepare immigration forms
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Translate legal questions
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Advise on immigration status
Only attorneys or DOJ-accredited representatives may do this.
This is why U.S. notaries cannot call themselves notarios públicos — a term that means something very different in Latin America.
Why These Limitations Protect YOU
These rules exist to protect clients from:
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Incorrect legal advice
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Invalid or rejected documents
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Fraud or deception
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People posing as immigration consultants
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Expensive legal mistakes
When notaries stay within their legal limits, it ensures your documents are legally safe, properly notarized, and protected from challenges.
Conclusion
Notaries play a vital role in preventing fraud and verifying identity — but they are not lawyers, and state law prohibits them from giving legal advice. Understanding this protects clients, keeps documents legally valid, and ensures the notarization process remains unbiased, neutral, and trustworthy.
If you need legal explanations, consult an attorney.
If you need a secure, accurate, and professional notarization — Looking Glass Runners Notary is here to help online or in person nationwide.
