A Notary Is Not A Lawyer
Gov't Code 406.017 — the word a notary may not advertise with, and the notice any other language needs
In much of Latin America a notario publico is a trained lawyer holding a public office with real legal authority. In Texas a notary public holds a commission, not a law license. The words look the same across the two systems and mean very different things, and Texas has made the mismatch a crime rather than leaving it to be discovered.
The word itself. A notary public commits an offense by using the phrase notario or notario publico to advertise the services of a notary public, whether by signs, pamphlets, stationery or other written communication, or by radio or television.
- Stating or implying that the notary is an attorney licensed to practice law in Texas.
- Soliciting or accepting compensation to prepare documents for, or otherwise represent the interest of, another person in a judicial or administrative proceeding, including one relating to immigration, admission to the United States or citizenship.
- Soliciting or accepting compensation to obtain relief of any kind on behalf of another from any officer, agency or employee of Texas or the United States.
- Advertising notary services in a language other than English without the required notice.
The notice. It states that the notary public is not an attorney, appears in English and in the language of the advertisement in letters of a conspicuous size, includes the fees a notary public may charge, and reads: I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE. A radio or television advertisement may modify the wording but carries substantially the same message.
What it carries. An offense is a Class A misdemeanor, and a felony of the third degree where the defendant was previously convicted under the section. Failing to comply is also a deceptive trade practice actionable under the Business & Commerce Code. Offering or providing language translation or typing services for pay is not a violation.
The practical shape of it is narrow. A notary confirms who signed and that they signed. A notary does not decide whether the document is the right document, whether it says what it needs to say, or whether signing it is sound. A notarized signature on a bad form is a witnessed signature on a bad form.
How a notary is commissioned in Texas, what a notarial act requires, remote notarization, and the fees a notary may charge are set elsewhere and are not on this page. Nor does this page cover who may lawfully assist with an immigration matter, which is a federal question with its own accreditation system. Being licensed to practice law in Texas and in good standing with the State Bar is an exception to prosecution. Whether a particular person's help crossed the line is a question for a licensed Texas attorney.
Sources for this section (1)
- Gov't Code 406.017 — Representation as attorney
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.