• Hugo Enriquez

Notary Basics: Avoiding The Unauthorized Practice Of Law

Updated 4-29-19. A Notary is not a lawyer. In fact, it is against the law for Notaries who aren't attorneys to provide certain kinds of advice and services. This is known as Unauthorized Practice of Law (UPL) and can carry serious consequences for a Notary, including hefty fines, a suspended or revoked commission and even conviction for a criminal offense. It’s crucial to understand exactly what services fall under the unauthorized practice of law — and how to avoid them.

What Is The Unauthorized Practice Of Law?

The unauthorized practice of law means offering legal services without being licensed as an attorney. Statutes, court opinions and ethics rulings from the state bar often define legal services in the following ways:

Giving advice about a document a customer needs.Recommending the type of notarization required.Offering an opinion about the legality or effect of a document.

Only attorneys licensed by the bar in a particular state may perform these services, nonattorney Notaries may not.

Avoiding Unauthorized Practice Of Law

To help you avoid UPL, The Notary Public Code of Professional Responsibility provides the following list of services Notaries are NOT allowed to offer customers:

Notaries may not choose the particular document a customer may need for a transaction.Notaries may not choose the type of notarization or certificate wording for a given document. The customer must decide.Notaries may not prepare a document or give advice on how to fill out, draft or complete a document.Notaries may not provide legal advice or answer questions about a legal matter.

And no person may represent someone in court or a legal proceeding, or charge and collect a fee for such representation unless they are licensed to practice law in that state.

How Notaries May Advertise Notary Services

One of the more publicized examples of UPL involves bad actors who advertise as Notarios Publicos, pretending to be qualified immigration law professionals when they actually aren’t. They do this to scam unsuspecting immigrants into paying large fees for bogus services.

Notaries in many other countries, including Latin American nations, have legal training and credentials similar to attorneys in the U.S. They may draft and archive documents, advise parties to the legal effect of a transaction, serve as mediators or arbitrators and issue judicial opinions.

In order to combat so-called “notario” scams, Notaries in most states are prohibited from using the misleading phrase “Notario Publico” in their ads. Furthermore, many states require Notaries to post a written notice explaining they are not attorneys licensed to practice law, cannot offer legal advice or accept fees for legal services.

For example, Texas Notaries who are not attorneys are required by law to include the following disclaimer in their ads: “I am not an attorney licensed to practice law in Texas and may not give legal advice or accept fees for legal advice.”

California and Florida require Notaries who advertise in other languages to post a disclaimer in English and any other language the Notary advertises in stating the Notary is not an attorney and cannot give legal advice. California also prohibits immigration consultants who are also commissioned Notaries from advertising Notary services in any marketing materials.  

Consult your state Notary laws to see if you must include a specific disclaimer in your advertising.

How Notaries Can Assist Signers Without Offering Legal Advice 

While you must never offer legal advice or services, here are some ways you can assist signers without engaging in the unauthorized practice of law:

Set appropriate expectations with signers by explaining what you can and cannot do as a Notary.While you may describe to signers the types of notarial acts and certificates — such as the difference between acknowledgments and jurats — whenever a document doesn’t contain a notarial certificate, the signer must always choose which act you will perform​ for them. Don't choose for the signer.Refer signers to the receiving agency of a document or an attorney if they have questions, so they can receive proper instructions or advice.


https://www.nationalnotary.org/notary-bulletin/blog/2015/07/notary-basics-avoiding-unauthorized-practice-of-law?utm_campaign=bulletin20190506&utm_medium=email&utm_source=nnabulletin&utm_content=BodyTitleAvoidNotaryUPLCA&content_type=1&position=2&NNAID=160358450


























































# notary # notary public # mobile notary # mobile notary public # traveling notary # mobile public notary # traveling public notary # traveling notary public # public notary # notary near me # notary public near me # north hollywood # encino # sherman oaks # tarzana # van nuys # northridge # beverly hills # hollywood # westwood # woodland hills # burbank # glendale # pasadena # highland park # eagle rock # silver lake # echo park # universal city # studio city # sylmar # pacoima # chatsworth # los angeles # downtown la # downtown los angeles # dtla # estate planning # taxes # trusts # wills # escrow # los angeles notary # la county # los angeles county # real estate # nna # nna notary # notario # notario publico # 24 hour notary # 24 hour notary service # mobile notary public services # mobile notary signing # mobile notary signing agents # mobile notary business # notary around me # notary close me # notary near me now # notary public services # notary public service # notary services # notary service # notary that comes to you # notary that will come to you # certified notary # certified notary public # on call notary # on call notary public # on call notary public service # on call notary services # public notary around me # cheap mobile notary # cheap notary # cheap notary public # notary public open sunday # notary open sunday # weekend notary # weekend notary public # weekend public notary # weekend notary public service # licensed notary # licensed notary public # nearest public notary # nearest notary # nearest notary public # evening notary # evening notary public

#notary #notarypublic #mobilenotary #mobilenotarypublic #travelingnotary #mobilepublicnotary #travelingpublicnotary #travelingnotarypublic #publicnotary #notarynearme #notarypublicnearme #northhollywood #encino #shermanoaks #tarzana #vannuys #northridge #westwood #hollywood #beverlyhills #woodlandhills #burbank #glendale #pasadena #highlandpark #eaglerock #silverlake #echopark #universalcity #studiocity #sylmar #pacoima #chatsworth #losangeles #downtownla #downtownlosangeles #dtla #estateplanning #taxes #trusts #wills #escrow #losangelesnotary #lacounty #losangelescounty #realestate #nna #nnanotary #notario #notariopublico #24hournotary #24hournotaryservice #mobilenotarypublicservices #mobilenotarysigning #mobilenotarysigningagents #mobilenotarybusiness #notaryaroundme #notarycloseme #notarynearmenow #notarypublicservices #notarypublicservice #notaryservices #notaryservice #notarythatcomestoyou #notarythatwillcometoyou #certifiednotary #certifiednotarypublic #oncallnotary #oncallnotarypublic #oncallnotarypublicservice #oncallnotaryservices #publicnotaryaroundme #cheapmobilenotary #cheapnotary #cheapnotarypublic #notarypublicopensunday #notaryopensunday #weekendnotary #weekendnotarypublic #weekendpublicnotary #weekendnotarypublicservice #licensednotary #licensednotarypublic #nearestpublicnotary #nearestnotary #nearestnotarypublic #eveningnotary #eveningnotarypublic

0 views

Recent Posts

See All

WE ARE STILL OPEN FOR BUSINESS!!

We are still open for business during these tough times serving you with your notary or live scan needs! # notary # notary public # mobile notary # mobile notary public # traveling notary # mobile pub

  • White Facebook Icon
  • White Twitter Icon
  • White Instagram Icon
  • White Google Places Icon

Copyright Hugo Enriquez Mobile Notary Public