Can A Notary Give Legal Advice. When I’m at a Notary appointment the most common phrase that I say is letting the client know that I’m not allowed to give legal advice This means that I can not tell you whether or not you should sign the document I can’t tell you if it’s a legally binding document and I can’t tell you if this document is written properly.
Despite some opinions (often being promoted even by some professionals) that Notaries are not allowed to provide legal advice BC Courts have confirmed that BC Notaries can and are obliged to give appropriate legal advice in areas in which they are authorized to practice and to the same standard as solicitors who are members of the Law Society of British Columbia.
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Notaries can and are required to give legal advice in the areas of law in which they practice Under the Legal Profession Act lawyers are entitled to use the style and title of “Notary Public” but they are not commissioned Notaries Public nor are they members of the Society of Notaries Public of British Columbia.
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There are ways that a notary public can avoid being accused of offering legal advice while still assisting signatories with execution of documents The notary should set proper expectations with the signers of a document clearly explaining their role and what they can and cannot do in providing notary services .
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The notary is not allowed to give legal advice and choosing the type of notarization would constitute legal advice A Notary is forbidden from preparing legal documents or acting as a legal advisor unless he or she is also an attorney Violators can be prosecuted for the unauthorized practice of law so a Notary cannot answer your legal questions or provide advice about your.
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A notary public not licensed to practice law may not give legal advice or accept fees for legal advice The preparation of legal documents such as wills powers of attorney and deeds constitutes the unauthorized practice of law because the formats of such legal instruments are prescribed by states statutes.