Notary 101: Why Your Notary Can't Give Legal Advice

Welcome back to the Notary 101 series! If you caught our first post, you now know the basics of what a notary actually does (spoiler: we're basically professional witnesses and fraud-fighters). Today, we're tackling one of the most common misconceptions I run into: why your notary can't give you legal advice.

I get it. You're sitting across from me with a stack of documents, and you've got questions. "Is this the right form?" "Should I sign here or there?" "What does this clause even mean?" It's totally natural to ask! But here's the thing, as much as I'd love to help you navigate every detail, there's a really important line I can't cross.

Let's break down why that is, what it means for you, and how we can still work together to get your documents notarized without a hitch.

The Short Answer: I'm Not a Lawyer

Here's the deal: notaries are not licensed attorneys, and providing legal guidance without a license is called the unauthorized practice of law (UPL). This isn't just a suggestion or a "best practice", it's the law in every single state, including Alaska.

Under Alaska Statutes Chapter 44.50, my role as a notary public is clearly defined. I'm here to verify identities, witness signatures, and administer oaths. What I'm not authorized to do is interpret legal documents, explain their consequences, or tell you what you should do.

Think of it this way: you wouldn't ask your dentist to give you advice about your taxes, right? Same concept. Notaries and attorneys have completely different training, licensing requirements, and areas of expertise.

What Counts as "Legal Advice" Anyway?

This is where things get a little tricky, because "legal advice" covers more ground than most people realize. It's not just about interpreting complex contracts or courtroom strategy. Legal advice includes any statement that tells you what you should do with a legal document.

Here are some examples of questions I cannot answer:

• "Is this document valid?"

• "Which form should I use for my situation?"

• "Do I need a lawyer for this?"

• "Should I change the wording here?"

• "What happens if I sign this?"

• "Which notarial certificate should go on this document?"

Even if the answer seems obvious to me, offering opinions or explanations about the effect or consequences of signing a document crosses into unauthorized legal practice. It's not that I don't want to help, it's that doing so would actually put both of us at risk.

Notary vs. Attorney: Understanding the Difference

Let's clear up the confusion once and for all. Here's a quick comparison:

Notary Public	Attorney
Verifies signer identity	Provides legal counsel
Witnesses signatures	Drafts and reviews legal documents
Administers oaths and affirmations	Represents clients in legal matters
Ensures signers appear willingly	Explains legal rights and consequences
Certified under AS 44.50	Licensed by the Alaska Bar Association

As you can see, there's virtually no overlap. A notary's job is all about the process of signing, making sure you are who you say you are, that you're signing voluntarily, and that everything is documented properly. An attorney's job is about the substance, what the document means, whether it's in your best interest, and how it affects your legal rights.

The Risks of Unauthorized Practice of Law

"Okay, Penny," you might be thinking, "but what's the big deal if a notary just answers a quick question?"

Fair question! But here's why UPL laws exist and why they're taken seriously:

Consequences for the Notary

If a notary gives legal advice, they can face:

• Fines and penalties from the state

• Suspension or revocation of their notary commission

• Civil lawsuits from clients who relied on bad advice

• Criminal charges in serious cases

Under AS 44.50.068, the state of Alaska takes notarial misconduct seriously. A notary who oversteps their authority isn't just risking their own career, they're potentially harming the people they're trying to help.

Consequences for You

Here's the part that really matters: if you rely on legal advice from someone who isn't qualified to give it, you're the one who suffers the consequences. A notary might tell you a document is fine when it's actually missing critical elements. They might recommend a form that doesn't apply to your situation. And when things go sideways? You have very little recourse because the advice came from an unlicensed source.

That's why I always recommend consulting an attorney when you have questions about the legal implications of any document.

So... What CAN Your Notary Do?

Great news: there's still plenty I can help you with! While I can't give legal advice, I'm absolutely allowed to explain my own duties and guide you through the notarization process.

Here's what falls squarely within my wheelhouse:

• Explaining what type of notarization you need (acknowledgment, jurat, oath, etc.)

• Showing you how to complete the notary section of a document

• Pointing out where your signature goes

• Defining notarial terms like "acknowledgment," "jurat," or "affirmation"

• Verifying your identity per AS 44.50.075

• Recommending you consult an attorney if you're unsure about anything

See? I'm not totally useless! I just have to stay in my lane, and honestly, staying in that lane protects both of us.

When Should You Call a Lawyer?

If you're ever unsure about a document, my advice is simple: when in doubt, call an attorney. Here are some situations where legal counsel is especially important:

• Real estate transactions (deeds, mortgages, titles)

• Estate planning documents (wills, trusts, powers of attorney)

• Business contracts and partnership agreements

• Family law matters (custody agreements, divorce paperwork)

• Any document you don't fully understand

An attorney can review the document, explain your rights, and make sure everything is in order before you sit down with me for notarization. That way, when we meet, you'll feel confident about what you're signing, and I can focus on what I do best, making it official.

Wrapping Up: We're a Team

Here's the bottom line: your notary and your attorney serve different but complementary roles. Think of us as teammates working toward the same goal, getting your important documents executed correctly and legally.

I take my job seriously, and part of that means knowing my limits. When I tell you I can't answer a legal question, it's not because I'm being difficult. It's because I respect you enough to point you toward someone who can give you the right answer.

Thanks for sticking with me through another Notary 101 post! We're keeping things rolling with about 3-4 posts per week, so stay tuned for more tips, myth-busting, and behind-the-scenes looks at the world of notarization.

Got a topic you'd like me to cover? Reach out, I'd love to hear from you!

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Disclaimer: I am not an attorney licensed to practice law and may not give legal advice or accept fees for legal advice. The information provided in this blog post is for general informational purposes only and should not be construed as legal advice. For questions about your specific legal situation, please consult a qualified attorney.