Key Takeaways
- Notaries who are not attorneys may NOT provide legal advice
- Notaries may NOT select, prepare, or explain legal documents for clients
- The only exception is if the notary is also a licensed Utah attorney
- Non-attorney notaries advertising in languages other than English must include specific disclaimers
- Translating "Notary Public" literally into other languages is prohibited if it implies attorney status
Unauthorized Practice of Law
One of the most frequently misunderstood areas of notary law involves the prohibition against the unauthorized practice of law. Unless a notary is also a licensed attorney in Utah, they may NOT provide legal services.
What Constitutes Unauthorized Practice of Law
Prohibited Activities
| Activity | Why Prohibited |
|---|---|
| Providing legal advice | Requires attorney license |
| Selecting documents | Choosing which document a client needs requires legal judgment |
| Preparing legal documents | Drafting requires legal training |
| Explaining legal documents | Interpreting legal meaning requires legal expertise |
| Advising on legal rights | Constitutes legal counsel |
| Representing clients | Requires attorney status |
Specific Examples
| Prohibited | Allowed |
|---|---|
| "You should use a power of attorney for this" | "I can notarize this power of attorney" |
| "This document means you're giving up your rights" | "I cannot explain legal documents" |
| "You need to file this with the court" | "I don't provide legal advice" |
| "Sign here and your property transfers" | "I'm just a notary, not an attorney" |
| Filling in blanks for clients | Witnessing client fill in blanks |
Immigration Document Concerns
Notaries must be especially careful with immigration documents. In many countries, a "Notario" or "Notario Publico" is a licensed attorney. Immigrants may mistakenly believe a U.S. notary can provide the same services.
Required Disclaimer for Non-English Advertising
Non-attorney notaries advertising in languages other than English must include:
"I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN UTAH AND MAY NOT GIVE LEGAL ADVICE ABOUT IMMIGRATION OR ANY OTHER LEGAL MATTER OR ACCEPT FEES FOR LEGAL ADVICE."
The advertisement must also include the fees a notary may charge.
Prohibited Translation
It is prohibited to literally translate "Notary Public" into any language other than English if the translation implies the notary is a licensed attorney.
| Language | Prohibited Translation | Why |
|---|---|---|
| Spanish | "Notario" or "Notario Publico" | Implies attorney in Latin American countries |
What Notaries MAY Do
| Allowed Activity | Notes |
|---|---|
| Notarize documents | Core notary function |
| Witness signatures | Core notary function |
| Administer oaths | Core notary function |
| Explain what THEY do | "I witness your signature" |
| Recommend consulting an attorney | "You may want to consult an attorney" |
| Identify themselves as a notary | Using proper title only |
Penalties for Unauthorized Practice
Engaging in the unauthorized practice of law may result in:
- Revocation of notary commission
- Civil liability for damages
- Criminal prosecution
- Fines and penalties
- Injunction prohibiting continued practice
The Notary's Role
Remember the notary's core function:
A notary is an impartial witness to signatures, not a legal advisor.
The notary certifies:
- The identity of the signer
- That the signer appeared personally
- That the signer signed voluntarily
The notary does NOT certify:
- The legal validity of the document
- That the document will accomplish the signer's goals
- That the signer understands their legal rights
On the Exam
- Not attorneys: Unless also licensed, notaries cannot give legal advice
- Document preparation: Prohibited for non-attorney notaries
- Immigration: Special disclaimers required; "Notario" translation prohibited
- Core function: Witness signatures, not provide legal counsel
A signer asks the notary to explain what a power of attorney means. What should the notary do?
What disclaimer must a non-attorney notary include when advertising notary services in Spanish?