Why This Matters
As a notary, your words carry legal weight. Saying the wrong thing can expose you to liability, violate your commission, or unintentionally practice law without a license. This guide shows you exactly where the line is.
What You CAN Say
1. Identify Yourself and Your Role
You CAN say:
- "I'm a notary public commissioned in [State]."
- "My role is to verify your identity and witness your signature."
- "I'm here to notarize your document, not to provide legal advice."
2. Explain the Notarization Process
You CAN say:
- "I need to see a valid government-issued ID."
- "I'll need you to sign in my presence."
- "This document requires a jurat, which means you'll need to swear or affirm that the contents are true."
- "An acknowledgment means you're confirming you signed this document willingly."
3. Point Out Missing Information
You CAN say:
- "This notarial certificate is incomplete—it's missing a date."
- "There's no signature line on this document."
- "This section is blank. You may want to check with the document preparer."
4. Refuse Service When Appropriate
You CAN say:
- "I cannot notarize this document because [reason]."
- "I'm not comfortable proceeding because I suspect [coercion/fraud/incapacity]."
- "I need to see proper identification before I can continue."
What You CANNOT Say
1. Legal Advice or Interpretation
You CANNOT say:
- ❌ "This document will protect your assets."
- ❌ "You should sign this."
- ❌ "This is legally binding."
- ❌ "This means you're transferring ownership."
2. Document Selection or Preparation Guidance
You CANNOT say:
- ❌ "You need a power of attorney for this situation."
- ❌ "Fill in this section with [specific information]."
- ❌ "You should use this form instead of that one."
3. Explain Legal Consequences
You CANNOT say:
- ❌ "This will hold up in court."
- ❌ "Signing this means you're giving up your rights to..."
- ❌ "If you sign this, you'll be legally responsible for..."
The Safe Redirect
When asked for legal advice, use this script:
"I'm not an attorney, so I can't advise you on what this document means or whether you should sign it. You may want to consult with a lawyer before proceeding. I'm only here to verify your identity and witness your signature."
Key Takeaway
Your job is to verify identity and witness signatures—not to interpret, advise, or explain legal documents. Stay in your lane, protect your commission.