In plain English
A notary may not advise which document to use, fill in legal terms or explain legal effect. They can explain what they do and how a notarization works.
Refer legal questions to an attorney.
Why it matters
A notary who chooses forms or explains legal effects can harm a signer who relies on bad advice, and can face discipline. Signers sometimes ask notaries for advice because they seem official.
In immigration and family law, this harm can be severe, which is why many states have strict rules against notarios or similar titles that suggest legal authority.
Worked example
A signer asks which form to use for a divorce. The notary explains they cannot advise and suggests a lawyer or the court clerk.
What to do
- Explain what a notary can and cannot do.
- Refer legal questions to an attorney or the office that requested the document.
- Do not fill in legal terms or choose certificate types for the signer.
- Avoid titles or ads that suggest legal authority.
- Decline politely when asked for advice.
Common mistakes
- Helping a signer pick a form can cause serious problems if it is wrong.
- Advertising as a notario in some languages can mislead signers into thinking the notary is a lawyer.
- Explaining what a power of attorney allows can lead a signer to rely on incorrect advice.
Not the same as: Conflict of interest
Unauthorized practice of law is giving legal advice without a license, while a conflict of interest is when the notary has a stake in the document. See Conflict of interest.
Go deeper
- What a notary can and cannot do in New Jersey: What a New Jersey notary public actually does, what they are not allowed to do, why they cannot give legal advice or notarize an incomplete document, and who has to be present.
- Notary vs. loan signing agent: what is the difference?: How a notary public differs from a loan signing agent, who needs which, what a signing agent adds for mortgage closings, and what to ask before you book one.
Related terms
- Venue: The state and county where a notarization takes place, written on the certificate.
- Willingness: A signer's voluntary choice to sign, free of pressure.
- Title company: A company that researches property ownership, issues title insurance and often runs the closing.
Common questions
What is unauthorized practice of law?
Giving legal advice or choosing legal documents for someone when you are not a licensed attorney.
Can you give an example of unauthorized practice of law?
A signer asks which form to use for a divorce. The notary explains they cannot advise and suggests a lawyer or the court clerk.
Can a notary help me fill out a form?
A notary generally cannot choose wording or fill in legal terms. Some states allow limited help with clerical entries; ask the notary.
Can a notary explain what my document means?
No. Questions about meaning go to an attorney or the office that prepared it.
General information, not legal advice. Rules vary by state and change; check with your state's commissioning office.