Why Notaries Should Avoid Advising Other Notaries: The Risk of Practicing Law

Notaries play a critical role in ensuring the integrity of legal and financial transactions. Their duties, however, are highly regulated, with strict boundaries to prevent unauthorized practice of law. When notaries advise other notaries on how to handle specific legal documents or processes, they risk crossing the line into providing legal advice, a serious violation in most jurisdictions.

The Practice of Law: Defined and Restricted

The unauthorized practice of law generally includes giving advice or guidance on the application of legal principles to specific situations. Licensed attorneys are the only professionals authorized to perform these tasks because they possess the necessary training, certification, and ethical accountability. Notaries, though essential to the validation of documents, are not trained or licensed to interpret or apply legal principles.

When a notary advises another on handling legal documents, interpreting laws, or resolving notarial disputes, they inadvertently engage in legal advice. This can lead to severe consequences, including fines, loss of notary commission, and civil or criminal liability.

The Slippery Slope of “Helping” a Fellow Notary

Many notaries, particularly those with extensive experience, may feel compelled to assist newer notaries by sharing their insights. While this intent is commendable, providing specific instructions on handling legal documents or resolving legal ambiguities can easily cross the line into unauthorized practice of law. Statements like “You should notarize this document because the client provided X evidence” or “This document doesn’t need a certificate because of Y rule” can have unintended legal ramifications.

Additionally, legal frameworks governing notarial acts vary widely across jurisdictions. Advice that seems appropriate in one state might be entirely incorrect or illegal in another. This variance increases the risk of spreading misinformation and causing harm to both notaries and their clients.

The Consequences of Overstepping

Engaging in the unauthorized practice of law can lead to:

• Legal Penalties: States enforce strict penalties, including fines and criminal charges, for notaries who unlawfully practice law.
• Loss of Commission: Regulatory bodies may revoke the commission of notaries who violate their statutory duties.
• Civil Liability: Notaries who provide faulty advice can face lawsuits from parties harmed by their actions.
• Damage to Reputation: Allegations of unauthorized practice can severely tarnish a notary’s professional reputation, undermining trust in their services.

Best Practices for Notaries

To remain compliant and avoid unintentional legal violations, notaries should adhere to the following practices:

1. Stick to Administrative Duties: A notary’s role is to verify identity, witness signatures, and administer oaths — not to interpret or apply legal principles.
2. Refer Legal Questions to Attorneys: When in doubt, advise the other notary or their client to consult an attorney. This ensures legal issues are handled by qualified professionals.
3. Share General Knowledge, Not Specific Advice: It’s acceptable to discuss general notarial practices or refer to state statutes. Avoid providing recommendations on how to handle specific documents or situations.
4. Encourage Continuing Education: Recommend resources or training programs designed to help notaries improve their knowledge and skills without offering direct guidance.

Protecting the Integrity of the Profession

Notaries serve as impartial guardians of public trust. Maintaining strict adherence to their statutory duties ensures the integrity of their profession and protects all parties involved in notarized transactions. By refraining from advising other notaries on legal matters, notaries can avoid the pitfalls of unauthorized practice of law while supporting the long-term credibility of their field.