6.2 Unauthorized Practice of Law
Key Takeaways
A Pennsylvania notary commission does not authorize the practice of law: no legal advice, no drafting of legal records, no explaining legal effect
A notary may not use the title 'notario' or 'notario publico' (Section 325)
Advertising notarial services requires the exact statutory disclaimer, repeated in every language used in the ad
If a non-broadcast, non-print, non-Internet ad is too small for the disclaimer, display it prominently or provide it where the notarial act is performed, before the act
Engaging in UPL is a ground for discipline, and a notary must report a Bar Association or court finding of UPL to the Department within 30 days (4 Pa. Code §§ 167.121(a)(13), 167.125(4))
The Line Between Notarizing and Practicing Law
A notary commission is authority to verify identity and witness signatures, administer oaths, and complete notarial certificates — nothing more. Anything that requires legal judgment about a person's rights is the practice of law, which only an attorney licensed in Pennsylvania may perform. A non-attorney who crosses that line commits the unauthorized practice of law (UPL).
Unless the notary is also a licensed Pennsylvania attorney, the notary may not:
| Activity | Why It Is UPL |
|---|---|
| Give legal advice | Requires legal judgment |
| Explain a document's legal effect or consequences | Legal analysis |
| Draft or prepare a legal record (deed, will, POA, contract) | Legal drafting |
| Choose which form or document a person should use | Legal opinion |
| Tell the signer what language to insert | Legal drafting |
| Advise on immigration status or paperwork | Legal/immigration practice |
| Represent a person before a court or agency | Legal representation |
The safe notary response is procedural, never substantive: confirm identity, confirm the signer is signing willingly, complete the certificate.
What the Notary May Say — Scripts
The exam tests whether you can spot the right verbal response. Compare:
- Asked: "What does this clause mean / should I sign this?" → Wrong: explain it. Right: "I can't give legal advice; an attorney can explain that."
- Asked: "Which power of attorney should I use?" → Wrong: recommend one. Right: "I can't advise which document to use; please consult an attorney."
- Asked: "Can you fill in the blanks for me?" → Wrong: complete the form. Right: "I'm not permitted to prepare the document for you."
- Asked: "Can you help with my immigration forms?" → Wrong: assist. Right: "I'm not authorized to advise on immigration matters; please see an immigration attorney."
The 'Notario Publico' Prohibition (Section 325)
57 Pa.C.S. § 325 bars a notary public from using the term "notario" or "notario publico" in advertising or representations. In many Latin American civil-law countries a notario público is a highly trained, government-appointed attorney with broad legal authority. Using that title in the United States falsely signals to immigrant consumers that the notary can give legal and immigration advice — the core of "notario fraud." The prohibition protects those consumers, and violating it is an independent ground for discipline.
Mandatory Advertising Disclaimer
If a notary public advertises or represents that they offer notarial services (any medium — print, online, signage, radio), the advertisement must include this exact statement:
"I am not an attorney licensed to practice law in this Commonwealth. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities."
Rules for the disclaimer:
| Requirement | Detail |
|---|---|
| Languages | The statement must appear in each language used in the advertisement |
| Too-small ads | If an ad that is not broadcast, print or Internet media is too small to hold the statement, the statement must be displayed prominently or provided where the notarial act is performed, before the act |
| Who is exempt | An attorney at law acting as such is not bound by the notary advertising disclaimer |
Discipline for UPL
UPL exposes the notary to several layers of consequence: the Department of State may revoke or suspend the commission, because engaging in the unauthorized practice of law is a listed ground for discipline (4 Pa. Code § 167.121(a)(13)); the notary must report any Bar Association or court finding of UPL to the Department within 30 days of the end of the proceeding, or on the next renewal application if that is sooner (§ 167.125(4)); and the conduct can carry civil liability and criminal exposure. In deciding whether conduct is UPL, the Department considers the factors in Pennsylvania Bar Association UPL Committee Formal Opinion 2006-01 (§ 167.124).
Notario Fraud: Why It Matters
The notario prohibition and the advertising disclaimer exist together to stop notario fraud, a documented harm to immigrant communities. In the U.S. common-law system, a notary is a witnessing officer with no legal-advice authority. Fraudsters have exploited the confusion by advertising as "notarios" and charging immigrants for bogus immigration help. Pennsylvania's response is twofold: ban the misleading title (§ 325) and force any notary who advertises to publish the plain-language disclaimer stating they are not an attorney and cannot give legal or immigration advice or charge for it.
The disclaimer is therefore both a consumer-protection notice and a compliance shield: a notary who publishes it and stays within witnessing duties signals exactly what they may and may not do. Omitting it from an advertisement, or burying it, is "false or misleading advertising" — itself a § 323 ground for discipline.
What Counts as 'Document Preparation'
UPL is not limited to giving spoken advice. Completing substantive blanks on another person's legal form, selecting a form for them, or telling them what to write are all forms of legal drafting. A notary may, however, complete the notarial certificate itself — that is the notary's own act — and may correct an obvious clerical slip in the certificate. The dividing line: the notary's certificate is the notary's to complete; the signer's document is not.
Exam Focus
- Legal advice / explaining effect / drafting / choosing forms: all UPL — refuse.
- Notario publico: prohibited title under § 325.
- Advertising disclaimer: fixed wording, in every language used; if a small non-broadcast, non-print, non-Internet ad cannot hold it, display or provide it where you notarize, before the act.
- UPL: a ground for discipline; a Bar or court finding of UPL must be reported to the Department within 30 days.
- Attorney-notary: may practice law as the attorney, but must be clear about the role.
A notary who is not an attorney is asked by a customer to explain the legal effect of signing a quitclaim deed. What is the correct response?
Explain the effect, since deeds are common documents
Decline and suggest the customer consult an attorney
Give a general explanation but add a disclaimer
Read the deed aloud and let the customer decide
Why does Section 325 of RULONA prohibit a notary from using the title 'notario publico'?
In many Latin American countries a 'notario' is an attorney, so the term misleads immigrant consumers about the notary's authority
It is not an officially recognized Pennsylvania job title
Only the Department of State may issue Spanish-language titles
The term is reserved exclusively for electronic notaries
A notary advertises notarial services in both English and Spanish. What must the advertisement contain?
Only an English version of the statutory disclaimer
The Department of State approval number
The statutory disclaimer ('I am not an attorney...') in each language used in the ad
The notary's commission expiration date only
A licensed Pennsylvania attorney who is also a commissioned notary drafts a will for a client and then notarizes a related affidavit. Which statement is correct?
Drafting the will is unauthorized practice of law even for an attorney
The attorney may draft the will and perform legal work in the attorney role, but should be clear about which role applies
The attorney must surrender the notary commission to practice law
The attorney may charge a notary fee for the legal drafting work
Sections you finish are checked off in the contents.