What You Can and Can’t Say: Avoiding the UPL Trap
You're a notary, not a lawyer — don’t forget it.

Notaries wear a lot of hats: verifier, witness, document handler, sometimes therapist. But one hat you absolutely cannot wear? Legal advisor.

It’s called Unauthorized Practice of Law (UPL), and it’s the fastest way to get your commission revoked, get sued, or worse — face criminal charges.

Here’s what notaries need to know to avoid crossing that dangerous line — and how to keep yourself and your business safe and respected.

⚖ What Is Unauthorized Practice of Law (UPL)?
UPL happens when a non-attorney performs tasks or gives advice that legally only a licensed attorney can do.

As a notary, you're not allowed to:

Give legal advice
Tell people what to do
Choose documents or forms
Interpret what a document means
Recommend legal action or changes
Even with good intentions, saying the wrong thing can make you legally liable.

🛑 Common Phrases That Get Notaries in Trouble
❌ “Oh, you need a jurat here.”
❌ “Yeah, this form should be fine for court.”
❌ “It’s okay, you can sign for your husband since he’s not here.”
❌ “This part doesn’t matter, just sign here.”
❌ “You don’t need to fill that section out.”
❌ “I wouldn’t worry about that clause.”

🚨 Every single one of those can get you into legal hot water.

What You Can Say Instead
Keep your wording factual, neutral, and helpful — without crossing the line.

✅ “I'm not an attorney and cannot advise on legal matters.”
✅ “I can explain the difference between an acknowledgment and a jurat — but I cannot choose for you.”
✅ “You may want to ask the document preparer or an attorney about that section.”
✅ “I can notarize your signature if you're willing and have proper ID.”

Set the boundary early and clearly. People will try to pull you into their legal confusion — don’t take the bait.

When Does It Get Especially Risky?
You’re most likely to be tempted into UPL during:

Estate planning documents (trusts, wills, POAs)
Loan signings (explaining terms)
Immigration paperwork
Family matters (adoption, custody, divorce)
Business forms (contracts, operating agreements)
Stay in your lane. Be polite, be clear, but be firm.

Protect Yourself Like a Pro
To stay clear of UPL:

Use pre-printed notarial certificates
Have blank acknowledgments/jurats on hand (as your state allows)
Refer questions to the originator or an attorney
Keep good notes in your journal if a signer becomes aggressive or demanding
Walk away if someone insists you “just explain it”
You don’t owe anyone an explanation. You owe them lawful service.

Notary Academy Teaches You How to Stay Legal and Confident
We don’t just train you how to notarize — we train you how to protect your license, your reputation, and your sanity. UPL is avoidable — but only if you know where the line is. And we make sure you do.