Key Takeaways
- Notaries cannot give legal advice or explain legal consequences
- Notaries cannot prepare legal documents (unless also an attorney)
- Notaries cannot act as immigration consultants
- Advertising must include disclaimer about legal limitations
- Violation can result in disciplinary action and criminal penalties
Unauthorized Practice of Law
One of the most important concepts for the Pennsylvania notary exam is understanding the boundary between notarial duties and legal practice.
What Is Unauthorized Practice of Law?
Unauthorized practice of law (UPL) occurs when a non-attorney provides legal services that only licensed attorneys may provide.
Prohibited Legal Activities
| Activity | Why It's UPL |
|---|---|
| Giving legal advice | Requires legal expertise |
| Explaining legal consequences | Legal analysis |
| Preparing legal documents | Legal drafting |
| Recommending document language | Legal opinion |
| Filling in blanks for others | Document preparation |
| Advising on document choice | Legal guidance |
Common UPL Scenarios
Scenario 1: Document Preparation
Customer: "Can you help me fill out this power of attorney form?" Wrong: Helping fill it out or choosing the form Right: "I cannot assist with document preparation. You may wish to consult an attorney."
Scenario 2: Legal Advice
Customer: "What does this clause in my contract mean?" Wrong: Explaining the legal meaning Right: "I cannot provide legal advice. An attorney can explain this to you."
Scenario 3: Choosing Documents
Customer: "Should I use a general or specific power of attorney?" Wrong: Recommending which to use Right: "I cannot advise on document selection. Please consult an attorney."
Scenario 4: Immigration
Customer: "Can you help me with my immigration paperwork?" Wrong: Providing any immigration assistance Right: "I am not authorized to assist with immigration matters. Please consult an immigration attorney."
Proper Notary Responses
| When Asked For | Proper Response |
|---|---|
| Legal advice | "I cannot provide legal advice" |
| Document explanation | "Please consult an attorney" |
| Form completion | "I am not permitted to fill in forms" |
| Recommendations | "An attorney can help you decide" |
Advertising Requirements
If notaries advertise services (in any media), they must include:
| Disclaimer Requirement | Content |
|---|---|
| Not an attorney | State clearly |
| Cannot practice law | Explicit statement |
| Cannot charge for legal services | Clear disclosure |
Display: Disclaimer must be displayed prominently at place of business if advertising doesn't include it.
Consequences of UPL
| Consequence | Authority |
|---|---|
| Notary discipline | Department of State |
| Commission revocation | Department of State |
| Criminal prosecution | District Attorney |
| Civil liability | Courts |
| Bar Association referral | Courts may report |
Factors Department Considers
The RULONA regulations specify factors for determining UPL:
| Factor | Consideration |
|---|---|
| Nature of activity | Was it legal in nature? |
| Complexity | Required legal expertise? |
| Impact on parties | Legal rights affected? |
| Compensation | Charged for legal services? |
| Representation | Acted as legal representative? |
Exception: Attorney-Notaries
If you are BOTH a licensed attorney AND a notary:
- You may perform legal services as an attorney
- Must be clear about which role you're acting in
- Cannot charge notary fees for legal work
On the Exam
- Legal advice: Cannot provide
- Document preparation: Cannot assist
- Immigration: Cannot consult
- Advertising: Disclaimer required
- Consequence: Commission revocation possible
A customer asks a notary to explain what a power of attorney means. What should the notary do?
A notary advertises their services online. What must the advertisement include?
Which of the following activities is a notary permitted to perform?