Notary · Prohibited Acts and Conflicts of Interest

May a notary give advice about which notarial certificate or document a signer should use, or how to complete a legal document?

Correct answer

No — unless the notary is also an attorney, giving legal advice or selecting legal documents for others is the unauthorized practice of law

  1. A Yes, that is part of the job
  2. B No — unless the notary is also an attorney, giving legal advice or selecting legal documents for others is the unauthorized practice of law
  3. C Only for simple documents
  4. D Yes, for a higher fee

Why this is the answer

A notary who is not an attorney must not give legal advice or make legal decisions for a signer — doing so is the unauthorized practice of law. This includes advising which type of notarial certificate to use when the document doesn't specify, drafting or selecting legal documents, or explaining the legal effect of a document. The notary can perform the notarial act the signer requests and can describe the difference between act types in general terms, but the choice of what is legally needed must come from the signer or the signer's attorney. Crossing into legal advice exposes the notary to liability and discipline. When in doubt, refer the signer to a lawyer.
Source: NNA Prohibited Acts, Unauthorized Practice of Law

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