Sealing Signatures

What Is The Unauthorized Practice Of Law?

The unauthorized practice of law means offering legal services without being licensed as an attorney. Statutes, court opinions and ethics rulings from the state bar often define legal services in the following ways:
 

• Giving advice about a document a customer needs.
• Recommending the type of notarization required.
• Offering an opinion about the legality or effect of a document.

Only attorneys licensed by the bar in a particular state may perform these services, non-attorney Notaries may not.

Avoiding Unauthorized Practice Of Law

The Notary Public Code of Professional Responsibility provides the following list of services Notaries are NOT allowed to offer customers:
 

• Notaries may not choose the particular document a customer may need for a transaction.
• Notaries may not choose the type of notarization or certificate wording for a given document. The customer must decide.
• Notaries may not prepare a document or give advice on how to fill out, draft or complete a document.
• Notaries may not provide legal advice or answer questions about a legal matter.

And no person may represent someone in court or a legal proceeding, or charge and collect a fee for such representation unless they are licensed to practice law in that state.
 

Follow these steps to get your document notarized:

Know what type of notarization you need

Make sure the document is complete Bring acceptable identification

Ensure the name on your ID matches the name on your document

Have all signers present for the notarization

Be aware and willing to sign

Know What Type of Notarization You Need

As the signer, you must tell the Notary what type of notarization you need. Notaries can describe what the primary notarial acts are, but they cannot recommend one over another. It's illegal for a Notary Public to give advice like this unless they are also a licensed attorney.

Generally, notarizations come in three basic types:
 

• Acknowledgments — The purpose of an acknowledgment is to declare that you have willingly signed a document.
• Jurats — The purpose of a jurat is for you to swear or affirm                      that the contents of the document are true.
• Copy Certifications — The purpose of a certified copy is to have the Notary confirm that the copy is an exact match of the original. This is not allowed in all states.

If you're not sure what kind of notarization you need, contact the document drafter or receiving agency to confirm what notarial act they require before your appointment. If in doubt, you may contact a lawyer for guidance.

Make Sure the Document is Complete

Generally, a document must be 100% complete for a Notary to perform a notarization. Make sure there aren't any blank spaces on your document before you meet with a Notary because that could make the document more susceptible to fraud. For example, an empty line for critical date or interest rate information on a loan document could cause serious trouble for the borrower if the information is added after the form is notarized.

Many states require Notaries to either refuse a notarization on an incomplete document or tell the customer that the document must be completed before it can be notarized. A Notary is not allowed to advise you on the legal effects of a document or fill in any part of the document except the notarial certificate wording.

Bring Acceptable Identification

The primary duty of a Notary Public is to verify your identity as the document signer. The most common way they determine that you are who you say you are, is by checking state-issued identification documents, like driver's licenses and passports. Notaries need to see a form of identification that meets requirements set by state law, so make sure you have acceptable ID for notarization ahead of time.
If you don't have an ID credential that will work, you might be able to use "credible identifying witnesses." These are people who will swear to the Notary that they know you. If you're able to use this option, your witness(es) must have a form of identification that meets state requirements.
Ensure the Name on Your ID Matches the Name on Your Document
If you've recently changed your legal name due to marriage, divorce or other reasons, be sure that the ID you bring to the notarization matches your name shown on the document.
If there's a significant discrepancy — for example, your married name appearing on the document is "Mary Smith-Williams" but your ID contains your maiden name of "Mary Smith" — then the Notary will not be able to proceed with the notarization unless you can provide an alternate form of acceptable identification that matches the name on the document.
Have All Signers Present for the Notarization
A signer must meet face-to-face with a Notary in order to have their signature notarized. Be sure that any person whose signature needs notarization is available and can attend your appointment with the Notary Public.
A Notary cannot notarize a person's signature over the phone or video chat.

What to Bring to a Notary
When you're preparing for a notarization, double-check that you have all essential items for the process to go smoothly. Here is what you'll need to bring with you when getting something notarized:

• The completed document you wish to notarize
• Valid photo ID that meets state requirements
• Any other individuals (with proper ID) who will be signing the document

What is Proper ID? (Expired Less than 3 years)
 

• State Issued Driver's License
• State Issued Identification Card
• Passport
• Military Identification
• County and Local Government ID
• Permanent resident card, or "green card," issued by the U.S. Citizenship and Immigration Services
• * Foreign passport*