Can a Notary Public Provide Legal Advice During a Signing?

May 15, 2025

Understanding the limits of a notary’s role during document notarization.

Notaries are trusted to witness signatures and confirm identities. But during a signing, clients often ask more than just where to sign. Some want help understanding the document—or even ask if it’s the “right” one.

This raises an important question:
Can a notary public give legal advice?
No, they cannot.

In this article, we’ll explain why giving legal advice is off-limits for notaries, what counts as legal advice, and how to protect yourself while still being helpful and professional.

The Role of a Notary Public

Notaries serve as impartial witnesses. Their job is to:

Verify the identity of the signer

Confirm the signer is willing and aware

Administer oaths and affirmations

Watch the signing of legal documents

Add their seal or stamp


Notaries are not attorneys, and that means there are legal limits on what they can say or do during a notarization.

The Role of a Notary Public

Notaries serve as impartial witnesses. Their job is to:

  • Verify the identity of the signer
  • Confirm the signer is willing and aware
  • Administer oaths and affirmations
  • Watch the signing of legal documents
  • Add their seal or stamp


Notaries are not attorneys, and that means there are legal limits on what they can say or do during a notarization.

What Is Considered

Legal Advice?

Legal advice is any statement that tells someone what they should do with a legal document.

Examples of legal advice:

  • “This will is valid—you don’t need anything else.”
  • “You should use a power of attorney instead.”
  • “This form will cover you in court.”
  • “Change this section—it’s not worded right.”
  • “You don’t need a lawyer for this document.”


Even if you’ve seen hundreds of similar documents, giving this kind of advice is illegal unless you're licensed to practice law.

What Is Considered Legal Advice?

Legal advice is any statement that tells someone what they should do with a legal document.

Examples of legal advice:

  • “This will is valid—you don’t need anything else.”
  • “You should use a power of attorney instead.”
  • “This form will cover you in court.”
  • “Change this section—it’s not worded right.”
  • “You don’t need a lawyer for this document.”


Even if you’ve seen hundreds of similar documents, giving this kind of advice is illegal unless you're licensed to practice law.

Why Giving Legal Advice Is Risky

In every state, giving legal advice without a license is called the unauthorized practice of law (UPL). It can lead to:


Fines or penalties

Suspension or loss of your notary commission

Civil lawsuits

Criminal charges in some cases


Even if you think you’re just helping, crossing the legal line—even once—can have serious consequences.

What You Can Do

Notaries are allowed to explain their own duties, but not the meaning or impact of a document.

Here’s what notaries can do:

  • Say what type of notarization is being performed (like an acknowledgment or jurat)
  • Describe how to fill out the notary section
  • Point to where the document needs to be signed
  • Define basic notary terms like “oath” or “affirmation”
  • Suggest the signer speak with an attorney if they’re unsure about the document


Tip: When asked legal questions, say:
“I'm not allowed to give legal advice. I recommend checking with an attorney.”

What You Can Do

Notaries are allowed to explain their own duties, but not the meaning or impact of a document.

Here’s what notaries can do:

  • Say what type of notarization is being performed (like an acknowledgment or jurat)
  • Describe how to fill out the notary section
  • Point to where the document needs to be signed
  • Define basic notary terms like “oath” or “affirmation”
  • Suggest the signer speak with an attorney if they’re unsure about the document


Tip: When asked legal questions, say:
“I'm not allowed to give legal advice. I recommend checking with an attorney.”

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What If the Signer Insists?

Some signers might push for help, especially if they think notarizing the document makes you an expert. When this happens, stay professional but firm.


Ask yourself:

  • Is this question about the content or purpose of the document?
  • Would this answer change someone’s legal decision?
  • Could a wrong answer cause problems later?

If the answer is “yes,” don’t answer it. Refer them to someone who can.

Know the Line—And Don’t Cross It

As a notary, your job is to protect the document—not to explain or judge it. You’re a witness, not a legal advisor. Staying within your legal limits helps protect you, your business, and your clients.

When in doubt, remember:
Help with the process, not the content.
Refer questions, don’t answer them.

Know a notary who could use this reminder? Share this blog with new and experienced professionals who want to stay compliant and confident in their role.