Key Takeaways
- Notaries may NOT provide legal advice
- Cannot draft legal documents for others
- Cannot explain the legal effect of documents
- Cannot recommend what document to use
- Only licensed attorneys may practice law in Ohio
Unauthorized Practice of Law
One of the most important prohibitions for notaries is the unauthorized practice of law. Even if you have legal knowledge, unless you are a licensed attorney, you may NOT provide legal services.
What Is Unauthorized Practice of Law?
The unauthorized practice of law (UPL) is providing legal services without being licensed as an attorney. For notaries, this includes several specific prohibitions.
Prohibited Activities
Giving Legal Advice
| Prohibited | What Signer Should Do Instead |
|---|---|
| "You should sign this document" | "Consult an attorney" |
| "This means you're agreeing to..." | "An attorney can explain this" |
| "I think you should use Form X" | "Ask a lawyer which form you need" |
| "This will protect you if..." | "Seek legal advice about protection" |
Drafting Legal Documents
A notary may NOT:
- Write legal documents for others
- Fill in legal forms (with some exceptions)
- Create contracts, wills, or deeds
- Prepare any document requiring legal expertise
Exception: Some employers (like title companies) may have notaries complete standardized forms as part of their job duties, not as independent legal advice.
Explaining Legal Effects
| Prohibited Question | Appropriate Response |
|---|---|
| "What does this clause mean?" | "I'm not able to explain that—please ask an attorney" |
| "Is this contract fair?" | "A lawyer can help you evaluate fairness" |
| "Will this hold up in court?" | "That's a legal question for an attorney" |
| "Should I sign this?" | "That's your decision; consult an attorney if unsure" |
Recommending Legal Actions
A notary may NOT recommend:
- Which documents to sign
- Whether to sign or refuse
- Which legal strategy to pursue
- What terms to include in contracts
What Notaries CAN Do
| Permitted | Why |
|---|---|
| Explain what notarization is | General information about your role |
| Describe types of notarial acts | Acknowledgment vs. jurat |
| Read notary certificates | What the certificate says, not what it means legally |
| Identify types of acts needed | Based on certificate language in document |
The Immigration Document Trap
Special Warning
Many notaries serve immigrant communities where "notario" in some countries means licensed attorney. This creates confusion and a common UPL trap.
| Prohibited | Why |
|---|---|
| Preparing immigration forms | Requires specialized legal knowledge |
| Advising on immigration status | Legal advice |
| Representing clients before USCIS | Requires attorney or accredited representative |
| Calling yourself "notario publico" in advertising | May mislead immigrants |
Consequences of Immigration Fraud
- Federal criminal charges
- State UPL charges
- Commission revocation
- Civil liability to harmed immigrants
Consequences of UPL
| Consequence | Description |
|---|---|
| Criminal charges | UPL is a criminal offense in Ohio |
| Commission revocation | Loss of notary authority |
| Civil liability | Lawsuits from harmed individuals |
| Bar complaints | If also an attorney, bar discipline |
| Federal charges | For immigration-related UPL |
How to Respond to Legal Questions
Sample Responses
Signer: "What does this document mean?" Notary: "I'm not permitted to give legal advice. An attorney can explain the document to you."
Signer: "Should I sign this?" Notary: "That's your decision. If you're unsure, I recommend consulting with an attorney before signing."
Signer: "Can you help me fill out this form?" Notary: "I can notarize the document after you complete it, but I'm not able to provide assistance with filling in the content. You may want to seek help from an attorney."
Attorney-Notaries
If you are both an attorney AND a notary:
- Keep the roles separate
- Clearly indicate which capacity you're acting in
- Don't use notary authority to enhance attorney services improperly
- Maintain appropriate fees for each service
On the Exam
Key UPL points:
- No legal advice: Ever, under any circumstances
- No document drafting: Unless specifically authorized by employer policy
- No explanations of legal effect: Refer to attorneys
- Immigration warning: Extra caution with immigrant clients
- Consequences: Criminal charges, revocation, liability
A signer asks "What does this power of attorney allow my son to do?" How should the notary respond?
Which of the following would be unauthorized practice of law by a notary?