A Notary Is Not A Lawyer

In much of Latin America a notario publico is a trained lawyer holding a public office with real legal authority. In Washington 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 Washington has written that difference into the statute rather than leaving it to be discovered.

• §RCW 42.45.230

• A commission as a notary public does not authorize assisting persons in drafting legal records, giving legal advice, or otherwise practicing law.
• It does not authorize acting as an immigration consultant or an expert on immigration matters.
• It does not authorize representing a person in a judicial or administrative proceeding relating to immigration, United States citizenship or related matters.
• It does not authorize receiving compensation for any of those activities.

• §RCW 42.45.230

The statement. A notary who is neither a Washington attorney nor a licensed legal technician and who advertises notarial services, orally or in a record, including broadcast media, print media and the internet, includes prominently and in each language used: I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.

• §RCW 42.45.230

The certificate and the original. Such a notary may not assist another person in selecting the appropriate certificate either, and no notary may withhold access to or possession of an original record a person provided for a notarial act, except as otherwise allowed by law.

• §RCW 42.45.230

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.

• §RCW 42.45.230

How a notary is commissioned in Washington, 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. Whether a particular person's help crossed the line is a question for a licensed Washington attorney.

• §RCW 42.45.230