'I have a document that needs to be notarized.', is usually how the conversation will start. I'll ask the caller what kind of document it is, and if it has notary wording on it.
I'm not concerned with the contents of the document.
But I am concerned if this person has written the document themselves and wants me to notarize it. It's not a simple matter of getting out my stamp and stamping the document, which is the assumption a lot of people have. A document that needs to be notarized can either require a jurat or an acknowledgement. Unfortunately the person requesting the notarization may not know the difference between the two. Or even care. They just want it 'notarized'.
What the notary can do is recommend that the person contact the agency that wants the document notarized. A lot of times the company asking for the notarized document won't know the difference either. They just want it 'notarized', so that it's 'official'.
If this is the case, the notary can explain the difference between a jurat and an acknowledgement. This way the person is making the choice on their own. The notary is not giving legal advice -- merely definitions. And by so doing, helping the person make a choice.
Last week I got a call from someone needing an 'affidavit of common law marriage' notarized. When I got to their home they had the affidavit, but it was the wrong affidavit for their situation. The way it was worded, the signers would have to be employees of the state of Colorado.
I am familiar with this document and had an idea how they could find the appropriately worded document for their situation. Mind you, I didn't tell them which document they needed. I simply told them which keywords to put into Google. I helped them perform a search on the internet. They chose the document.
They asked if it was the correct document. As a notary I cannot give advice, or tell them which documents they need. But I can say this: 'Is the wording of the document true for your particular case?' This, by the way, is essentially what a notary does when they administer an oath ('Do you affirm that the statements made in this affidavit are the truth ...?'). I'm asking a question. At the same time I'm helping them make a decision. It's their decision.
Unauthorized practice of law is something that notaries should be concerned about. It's a serious offense. But there are many ways to offer assistance to someone without crossing that line.
Thanks, Leon. Very good advice. As a former notary, I fully understand the implications of UPL. But, you have a vsome great advice on how to get it down without offering a professional opinion and still get the desired outcome.