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Drafting Documents and Notarization

by the American Association of Notaries

Many notaries are confused as to whether or not they can notarize documents that  they have drafted. In most cases, a notary cannot draft documents. To do so might be considered unauthorized practice of law. This does not, however, apply to notaries who are attorneys or who draft documents during the course of their employment.

Typically, non-lawyer notaries cannot draft documents. In some states, the law allows non-lawyers to act as typists and fill in approved governmental forms with information provided by their clients. They can also notarize those documents. However, a non-lawyer cannot advise a client on how to complete a document and in most states cannot tell the client which type of notarial certificate is necessary.

Notaries who are employed as paralegals, for example, frequently draft legal documents under the supervision of an attorney. In such cases, a notary can notarize these documents as long as the paralegal/notary is not receiving any additional compensation for this beyond their regular salary and the fee collected for the notarial service.

For attorneys, state laws differ. In general, attorneys may notarize documents they draft for their clients. However, attorneys must be cautious not to notarize any document in which they may have a financial interest. For example, it would be inappropriate for an attorney/notary to notarize an agreement with a client regarding payment of attorney fees because the attorney is financially benefiting from the execution of the document. Like paralegals, attorneys should not be receiving any compensation for notarizing documents beyond their normal compensation as attorneys and the statutory notarization fee.

Similar ethical rules apply to notaries who work in the real estate field. Such notaries may draft deeds, mortgages, or other documents relating to a real estate conveyance. If the notary benefits financially from the sale of the property, it would be unethical for him or her to notarize any documents related to the sale.

Remember to always consult your own state's laws, as state laws can differ on this subject.

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