Unauthorized practice of law (UPL) occurs when a person who is not a licensed California attorney provides legal advice, drafts legal documents, or otherwise engages in the practice of law. For notaries, common UPL violations include: advising which type of deed to use, explaining legal consequences of a document, advising on immigration eligibility, selecting notarial acts for clients, or preparing legal contracts.
A California notary who engages in UPL is guilty of a misdemeanor under Business and Professions Code §6125 and Government Code §8227.3. The Secretary of State may also revoke the notary's commission.
A notary who is also a licensed attorney may provide legal services in their capacity as an attorney, subject to attorney fee rules — but not in their capacity as a notary.
Exam Tip: A notary may explain what a notarial act is and which act a document seems to call for — but they may not advise the client on whether to sign, what the document means legally, or which form to use.
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