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Notaries and the Unauthorized Practice of Law

by the American Association of Notaries

Unless a notary is also a licensed attorney, he or she may not give legal advice or accept fees for legal advice. In civil-law jurisdictions, and in most common-law jurisdictions outside the United States, notaries are essentially lawyers who have extensive training in the drafting of documents. However, American common-law notaries do not have any legal authority unless they happen to also be a licensed attorney. As a result, it would be considered unauthorized practice of law for a non-attorney notary to give legal advice.


Many notaries often worry about inadvertently engaging in the unauthorized practice of law. This confusion is understandable because although notaries are not attorneys, non-attorneys can provide some legal services. Generally, a non-lawyer can sell blank legal forms, act as a transcriber (by typing information completed in writing by a client), sell general printed legal information, and perform their notary services for the fees established by law. A non-attorney cannot, however, advise a client how to complete a legal form or make changes to a legal form completed by a client.

Of course, notaries employed in the legal field, such as paralegals and legal secretaries, often draft or edit legal documents within the scope of their employment. In this case, these actions would not constitute unauthorized practice of law because the person is not acting as a notary when performing these tasks but is acting under the supervision of a licensed attorney.

Always consult your state's laws regarding what a non-lawyer can do. Be sure to exercise caution when performing any act which might be construed as the unauthorized practice of law.

By Robert T. Koehler, a Contributing Writer with the American Association of Notaries, Inc.

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Legal Disclaimer: The American Association of Notaries seeks to provide timely articles for notaries to assist them with information for managing their notary businesses, enhancing their notary education, and securing their notary stamp and notary supplies. Every effort is made to provide accurate and complete information in the American Association of Notaries newsletters. However, we make no warrant, expressed or implied, and we do not represent, undertake, or guarantee that the information in the newsletter is correct, accurate, complete, or non-misleading. Information in this article is not intended as legal advice. We are not attorneys. We do not pretend to be attorneys. Though we will sometimes provide information regarding notaries' best practices, federal laws and statutes, and the laws and statutes of each state, we have gathered this information from a variety of sources and do not warrant its accuracy. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, loss, damage, or expenses, howsoever arising, including, and without limitation, direct or indirect loss or consequential loss out of or in connection with the use of the information contained in the American Association of Notaries newsletters. It is your responsibility to know the appropriate notary laws governing your state. Notaries are advised to seek the advice of their states' notary authorities or attorneys in their state if they have legal questions. If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.

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