The Unlicensed Practice of Law: Can A Notary Draft My Legal Documents?

Sometimes, people hire a notary to draft legal documents. Yet, notaries should not draft any legal document as that would constitute an unlicensed practice of law, which is illegal in Texas.

Attorney Requirements and What They Do

Attorneys must attain their Bachelor’s degree and then proceed to take the Law School Admissions Test (LSAT), which will determine whether or not they will be admitted into law school. After they complete law school, graduates must then take and pass the bar exam for the state of Texas. On average, this can all be done within 6-7 years of schooling. An attorney can handle all kinds of legal matters as long as they are properly representing and advising their client.


Notary Public Requirements and What They Do

To be commissioned as a notary public in Texas, you must be at least 18 years, be a legal resident of Texas, have no criminal convictions or felonies, complete the Texas Notary application and pay the fee. Becoming a notary in the state of Texas requires no higher education.


Why you should you use an attorney to draft documents?

When it comes to drafting documents, it is important that you hire someone who is well educated within the law. When a lawyer drafts a legal document, they have a foundational knowledge of the law and can pinpoint all important and relevant facts provided by their client, which will guide them to prepare a document that is legally sound and depicts their client’s wishes.


Differences Between a Notary Public in Texas and a Notary Public in Mexico.

As discussed above, here in the Texas, you are required to be at least 18 years of age to be commissioned as a notary public. On the contrary, in Mexico, you have to be at least 35 years of age. In addition, in Mexico, a notary is often serves as an attorney and had formal schooling as one. In Mexico, notaries also have to take an exam testing their knowledge on the law and ensuring they are competent enough to draft documents. In Texas, the notary’s main task is verifying the identity of the signer and ensure that the signer was present when signing.


Notaries are essential in the execution of legal documents as many documents require notary signatures and stamps. Yet, if you need help drafting legal documents, please consult an attorney. If we can be of assistance, please give us a call at 903-347-2447.