Educating vs. Advising: Why Notaries Cannot Provide Legal Advice

 

As a notary, your role is to serve as an impartial witness to the signing of important documents, ensuring they are executed correctly and authentically. However, a common question arises: where do you draw the line between educating others and providing legal advice? Understanding this distinction is essential to avoid engaging in the unauthorized practice of law (UPL).

Educating vs. Advising: The Key Difference

Educating (Permissible)

Educating involves providing factual, neutral information without interpreting or applying it to the signer’s specific situation. For instance:

  • Example: Explaining the term "seal" by stating, "In legal documents, the term 'seal' often indicates that the document is intended to have a longer enforceability period. This is a standard legal formality and not just decorative."

Such explanations provide general knowledge that anyone can benefit from without crossing into the realm of advice.

Advising (Prohibited)

Advising occurs when a notary provides guidance or interpretations about the legal impact of a document or a term within it. For example:

  • Example: Stating, "This seal means you have 10 years to enforce this contract," or "This document will be more enforceable because it has a seal."

Statements like these interpret the law as it applies to the specific circumstances of the signer, which is considered legal advice and constitutes UPL.

How to Stay Within Your Role as a Notary

To avoid crossing the line into UPL, notaries should:

  1. Stick to General Explanations

    • Frame your statements in a way that provides general information rather than specific legal conclusions.

    • Example: "The term 'seal' can have legal significance, such as extending the enforceability of a document. You may want to consult an attorney for specific details."

  2. Refer to Legal Professionals

    • If signers ask about the legal implications of a document, direct them to a qualified attorney.

    • Example: "I cannot provide legal advice about how this impacts you specifically. You may want to ask an attorney for clarification."

  3. Avoid Assumptions About Intent

    • Do not interpret the meaning of legal terms or symbols in the context of a specific transaction or document.

Why Avoiding UPL Matters

Engaging in UPL can have serious consequences for both notaries and signers:

  • For Notaries: Violating UPL laws can result in penalties, including fines, loss of commission, and potential legal action.

  • For Signers: Receiving incorrect or inappropriate advice can lead to costly mistakes or legal issues.

Bottom Line

Notaries play a crucial role in ensuring the integrity of important documents, but it is vital to operate within the limits of your authority. Explaining general concepts like the term “seal” is permissible as long as it remains factual and non-specific. If a signer’s question ventures into legal territory, always recommend consulting an attorney. By respecting these boundaries, notaries protect themselves, their commissions, and the individuals they serve.

To improve, gain more practice, and or build up confidence in notarizing documents joined one or all of our notary continuing education training for North Carolina notaries throughout the year. Get more information at, www.ncNotaryTraining.education

       

Legal Disclaimer: NC Notary Signing Services strives to provide precise and current information through our newsletters. However, the contents are intended for informational purposes only and should not be construed as legal advice. We do not present ourselves as attorneys and cannot assure the information's accuracy, completeness, or reliability. It is recommended to consult a licensed attorney for legal matters. NC Notary Signing Services, its employees, or contractors will not be liable for any claims, penalties, losses, damages, or expenses arising from or related to the use of information in our newsletters. Notaries should seek guidance from their state’s notary authorities or legal advisors for legal queries. If any part of this disclaimer is found to be invalid by a competent authority, the remaining sections will continue to be effective.

Comments

Popular posts from this blog

Important Update for North Carolina Notaries: Changes to State-Issued IDs

The Risks of Inadequate Security Measures for Notary Stamps and Seals

Six Critical Errors That Could Lead to Legal Action Against Notaries for Fraud and Malpractice