6.2 Unauthorized Practice of Law and Fees

An Arizona notary public is an impartial witness, not a lawyer. Roughly a quarter of disciplinary actions nationwide stem from notaries who crossed into giving legal advice or charging unlawful fees, so the competency exam tests the line carefully. This section covers the unauthorized practice of law (UPL) boundary, Arizona's strict fee caps, the travel-fee rule, advertising rules, and how fees are recorded in the journal.

A Notary Is Not an Attorney

Under A.R.S. 41-273, a notary commission "does not authorize an individual to assist persons in drafting legal records, give legal advice or otherwise practice law." The notary's job is to verify identity, confirm willingness and awareness, complete the certificate, and seal — nothing more. The crucial test point: a notary may never choose which document or which notarial act the signer needs. That choice is a legal decision the signer (or the signer's attorney) must make.

The "which act do I use?" trap. A signer hands you a document and asks, "Should this be an acknowledgment or a jurat?" You cannot answer that — choosing the act is a legal determination. You may explain the difference between the two acts in general terms and let the signer (or the document's instructions) decide, but you may not pick for them.

Arizona Maximum Fees (A.R.S. 41-316 / AAC R2-12-1102)

Arizona caps notary fees by rule. Charging more than the authorized amount is an enumerated ground for revocation under A.R.S. 41-271. A notary may charge anywhere from no charge up to the maximum, but must be consistent and must post the fee schedule in a conspicuous location.

Note the wording difference: copy certification is capped per page, while acknowledgments and jurats are capped per notary signature. The same $10 maximum applies to traditional, electronic, and remote online notarizations.

Travel Fees Are Separate

A travel (mobile) fee is not a notarial fee — it compensates the notary for going to the signer. Under A.R.S. 41-316, a notary "may be paid an amount up to the amount authorized for mileage expenses... for state employees" (the state mileage rate). Key exam points:

• The travel fee is separate from and on top of the $10 act fee.
• It must be based on the state-employee mileage rate, not an arbitrary number.
• Best practice (and consumer-protection expectation): agree on the travel fee in advance and disclose it as a distinct line item so it is never confused with the notarial fee.

Advertising Rules and the Journal Fee Entry

Advertising must be truthful. A non-attorney notary who advertises legal-record drafting, legal advice, or uses "notario" commits a class 6 felony under A.R.S. 41-273. If a notary advertises in a language other than English, that advertisement must include the literal translation of "notary public" and a disclaimer that the notary is not an attorney and cannot give legal advice.

Every fee charged is documented. Under A.R.S. 41-319, each journal entry must record "the fee, if any, charged for the notarial act." Recording $0 when you waive a fee is good practice and keeps your fee record consistent.

Example — billing a mobile signing. A notary drives to a hospital and performs two acknowledgments plus certifies a 3-page copy. Maximum lawful notarial fees: 2 acknowledgments x $10 = $20, plus copy certification 3 pages x $10 = $30, totaling $60 in act fees. A travel fee at the state mileage rate may be added on top, but it must be a separate disclosed line. Charging a flat "$200 because it's a hospital" would exceed the caps and is grounds for revocation under A.R.S. 41-271.