Notaries Cannot Give Legal Advice, and Here’s Why That Matters
When you schedule a notary appointment, it is completely normal to have questions about the document you are signing. You might wonder what it means, whether you are signing in the correct place, or what the next step should be. While your notary is there to ensure the signing process goes smoothly, there is one important boundary to understand. Notaries are not attorneys and cannot provide legal advice.
What a Notary Can Do
A notary public serves as an impartial witness to the signing of important documents. Our responsibilities include:
Verifying the identity of the signer using valid, government-issued ID
Ensuring the signer is aware of and willing to sign the document
Administering oaths and affirmations when required
Completing the notarial certificate and applying the official seal
These duties help ensure the signing process is valid, trustworthy, and compliant with state law.
What a Notary Cannot Do
Notaries are not licensed to practice law. This means we are not allowed to:
Explain the meaning of a document
Recommend the type of notarization needed, such as an acknowledgment or jurat
Advise on how to complete or prepare a document
Draft or recommend legal forms
Guarantee that a document will be legally enforceable
Providing any of these services could be considered unauthorized practice of law, also known as UPL. This is a serious offense that can result in disciplinary action, fines, or even criminal charges.
A Real-World Example: $600,000 in Penalties
In September 2025, a California notary based in San Francisco was ordered to pay more than $600,000 in penalties and legal fees for providing unauthorized legal services to immigrants. According to the San Francisco City Attorney’s Office, the notary misrepresented herself as someone who could offer legal advice and assist with immigration matters. This violation of state law led to one of the largest penalties ever imposed on a notary for UPL.
This case is a powerful reminder that even well-intentioned guidance can lead to devastating consequences for both the notary and the signer. It also highlights the importance of knowing and respecting the boundaries of our role.
Why These Boundaries Matter
The notary system is built on neutrality and trust. When notaries stay within their legal role, they protect both themselves and the individuals they serve. Offering legal interpretation or advice compromises that neutrality and can invalidate the document. It also exposes the notary to legal liability and financial risk.
If you are unsure about what your document means or how to complete it, the best course of action is to consult a licensed attorney or the organization that issued the form. They can provide the legal clarity you need before your notary appointment.
In Summary
A notary public ensures that your signature is authentic and that your signing process complies with Texas law. However, we cannot tell you what to sign, how to sign, or why to sign. Our role is to keep the notarization process neutral, professional, and legally compliant.
If you have questions about the notarization process itself, your notary can explain the steps involved. However, we cannot interpret the content of the document or offer legal advice.
📌Need a document notarized in Texas?
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