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UPL and "Notarios"
Unauthorized Practice of Law and “Notarios”Published July 1, 2026
In America, if you are not an attorney properly licensed by your state bar association or licensing authority, you are not authorized to practice law or give legal advice—period.
In many Latin American countries, however, a “notario publico” is a licensed legal professional with significantly broader legal authority than is granted to a U.S. notary public. True notarios may perform tasks such as drafting legal documents, and representing clients in a courtroom. Like American notaries, notarios publico are limited to practicing solely within their specific geographic jurisdiction.
Unfortunately, some people assume that U.S. notaries have more expansive powers than they actually possess. They think that any U.S. notary—even those who aren’t also attorneys—can help them draw up legal papers, give them advice about a transaction, or explain the effects of a document they’ve presented for performance of a notarial act.
These misunderstandings of a U.S. notary public’s role are often held by individuals with a personal history or roots in countries outside of the United States. They densely populate the U.S. Southwestern states that share a border with Mexico: Arizona, California, New Mexico and Texas. They also live in every state in America and they occasionally need notarial-act services, no differently than residents of any other country in the world.
Sadly, some persons—a mix of those who legitimately hold a U.S. notary public commission and those who don’t—capitalize on their customers’ mistaken assumptions. They “officiate” for document transactions that America’s notary laws don’t authorize U.S. notaries to engage in, they use fake notary stamps and seals, and they charge fees that are typical for another country’s legitimate notarios, but that greatly exceed the modest amounts that U.S. notary laws authorize American notaries to charge.
Many of these individuals brazenly—and successfully—advertise their services to their targeted clients, preying on them in the heart of their established American communities.
Persons who were born and raised in the United States can also be victimized by bogus-notario schemes. Most don’t know or understand the full requirements and legal obligations of being a notary public in America… they only perceive that they need a notary to “sign and stamp” their document. This is exactly the opening that a bogus notario needs to take advantage of yet another unsuspecting person.
U.S. state lawmakers have attacked this problem by enacting state-level protections and punishments aimed to curb those who falsely represent themselves as “notarios” or “notarios publicos.” For example:
• In California, state law prohibits any/every notary from using “notario” or “notario público” in advertising, and from providing legal advice or immigration services unless they are also an attorney or authorized immigration consultant. Violations can lead to suspension, fines, or criminal charges.
• In Florida, non-attorney notaries are banned from advertising in languages that could mislead immigrants into thinking the notary is a foreign notario publico. All such ads must include a conspicuous disclaimer stating the person advertising their services is not an attorney and cannot give legal advice.
Other U. S. states have similar rules requiring notaries to clearly state they are not attorneys under their notarial commission alone, and cannot provide legal services. Some states also restrict the use of certain terms in marketing, because those terms have clearly been misleading or at the least, caused confusion.
U.S. state laws combating bogus notarios generally levy fines against guilty parties. They also seek to inform and deter legitimate notaries from committing “notario” crimes by specifying acceptable advertising language and restrictions, prohibiting certain words and phrases in advertising, and providing stiff fines and penalties for non-compliance.
To avoid violating the law, be sure you understand “notario” dangers and limitations.
For example, your customer might ask an innocent question, "Do you think we should add witnesses for this transaction?" or "What does this paragraph mean?" Your notary commission does not authorize you to answer these types of questions.
Perhaps the document lacks a notarial certificate on it, and you add an acknowledgment certificate without the signer's input. This would be an improper act on your part.
If your customer asks questions about the transaction that are outside the scope of your duties as a notary public or trained notary public signing agent (see the next paragraph), redirect them to the document originator or the document recipient (often called the "relying" party or parties) or, refer them to an attorney.
Even trained notary public signing agents have limitations on providing advice outside of the formalities of a notarial act. Because of their signing agent training, these notaries notarize signatures on many diverse document types that are familiar, but they stay strictly inside the “notary public” lines.
Notary public signing agents may state the general purpose of a document and show a customer where they shall sign it. They can show customers places in a document that would answer a customer’s questions, but they cannot explain that content unless they also possess specialized expertise or authority to do so. Notary signing agents can also direct customers to other resources that would answer questions a notary signing agent is not allowed to answer.
Bottom line: no matter how knowledgeably you believe you can answer questions that are outside of the formalities and effect of a notarial act, you cannot do that unless you have the required additional training and licensing. Notary signing agents have additional training that enables them to perform certain limited informational tasks, but only those who are also licensed attorneys (in their state of Notary commission or appointment) may discuss document-related questions that require legal interpretation, analysis or specialized subject-matter expertise.
Memorize and avoid these danger areas for unauthorized practice of law:
• Do NOT assist a client in drafting a document.
• Do NOT give an opinion or advice about the contents or the effects of the transaction.
• Do NOT tell the client how to execute the document, advise the client about the need for witnesses, or choose the notarial act for the notarization.
• Do NOT advertise, state, or imply that you have powers not lawfully given to you as a notary public.
• Do NOT charge a lawyer's fees for your notary services.
• Do NOT advertise your notary services in a foreign language without stating in both English and the language of the advertisement that you are not an attorney and have no authority to give legal advice or to accept legal fees for your services.
Remember that as an ASN member, you can call your members-only, toll-free helpline (during our normal business hours) if you’re unsure whether you are inadvertently engaging in the unlicensed practice of law. You may also email support@asnnotary.org — a great option for less time-sensitive situations.
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