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A Notary Is Not A Lawyer

Wis. Stat. 140.02 — no notario without the notice, and up to $10,000 for crossing the line

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

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  • Stating or implying that the notary is an attorney licensed to practice law in Wisconsin.
  • Soliciting or accepting compensation to prepare documents for, or otherwise represent the interests of, another person in a judicial or administrative proceeding, including one relating to immigration to the United States or U.S. citizenship.
  • Soliciting or accepting compensation to obtain relief of any kind on behalf of another from any officer, agent or employee of Wisconsin, a political subdivision of it, or the United States.
  • Using the words notario, notarizaciones, notarizamos or notario publico, or otherwise advertising notary services in a language other than English, in an advertisement that lacks the statement and the fees in English and in the language of the advertisement.

The statement. In a written advertisement it appears in all capital letters and the same type size: I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN WISCONSIN AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE. Given orally, it may be modified but carries substantially the same message and is understandable. The advertisement also lists the fees a notary public may charge.

What it carries. A violation may be fined not more than $10,000 or imprisoned for not more than 9 months or both. A 2nd or subsequent violation may be fined not more than $10,000 or imprisoned for not more than 6 years or both.

Accredited representatives. The prohibitions on paid document preparation and paid relief do not apply to a notary who is an accredited representative under the federal immigration regulations.

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 Wisconsin, 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 Wisconsin attorney.

Sources for this section (1)
  1. Wis. Stat. 140.02 — Notaries

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.

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