MS Notary Unauthorized Practice of Law 1 — Questions and Answers
Question 1: What constitutes unauthorized practice of law (UPL) by a notary?
- Providing legal advice, selecting documents for signers, or explaining legal effects of documents (Correct answer)
- Notarizing a legal document
- Charging a fee for notarial services
- Keeping a journal of notarial acts
Correct answer: Providing legal advice, selecting documents for signers, or explaining legal effects of documents
A notary engages in UPL by offering legal advice, selecting or preparing legal documents, explaining legal consequences, or advising signers on their legal rights — all of which require a law license.
Question 2: Can a notary help a signer fill in blank spaces on a legal document?
- No, this constitutes document preparation which is the practice of law (Correct answer)
- Yes, this is a standard notary service
- Only for simple forms like affidavits
- Only if the notary is also a paralegal
Correct answer: No, this constitutes document preparation which is the practice of law
Helping signers complete legal documents crosses the line into document preparation, which is considered the practice of law and is prohibited for notaries who are not attorneys.
Question 3: What should a notary do when asked for advice about which type of document to use?
- Decline and refer the person to an attorney (Correct answer)
- Recommend the most common document type
- Provide advice based on personal experience
- Look up the answer online and share it
Correct answer: Decline and refer the person to an attorney
Advising on which documents to use is legal advice. A notary must decline such requests and refer the person to a licensed attorney.
Question 4: Can a notary who is also an attorney provide legal advice during a notarization?
- Yes, but only in their capacity as an attorney, not as a notary, and they should clarify the distinction (Correct answer)
- No, being a notary prevents them from giving legal advice
- Yes, with no limitations
- Only if they charge a separate fee for legal advice
Correct answer: Yes, but only in their capacity as an attorney, not as a notary, and they should clarify the distinction
A notary who is also an attorney may provide legal advice in their attorney capacity, but should clearly distinguish between their roles and not imply that legal advice is part of the notary service.
Question 5: What are the penalties for unauthorized practice of law by a notary?
- Criminal charges, civil liability, fines, and potential revocation of the notary commission (Correct answer)
- A verbal warning only
- A small administrative fine
- No penalties exist for notaries
Correct answer: Criminal charges, civil liability, fines, and potential revocation of the notary commission
UPL by a notary can result in criminal prosecution, civil lawsuits, substantial fines, and revocation of the notary commission, as it constitutes a serious legal violation.
Question 6: In immigrant communities, why is notary UPL particularly harmful?
- Because 'notario' in many countries means a licensed legal professional, causing confusion about notary authority in the US (Correct answer)
- Because immigrants do not need legal documents
- Because notaries charge higher fees to immigrants
- Because immigrants prefer notaries over attorneys
Correct answer: Because 'notario' in many countries means a licensed legal professional, causing confusion about notary authority in the US
In many Latin American countries, a 'notario publico' is a highly trained legal professional. This creates dangerous confusion when US notaries, who have far less authority, are mistaken for legal experts.
MS Notary Unauthorized Practice of Law 1
What constitutes unauthorized practice of law (UPL) by a notary?