Unauthorized Practice of Law Flashcards
7 cards from real MS NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Unauthorized Practice of Law flashcards as text
A friend asks a Mississippi notary to prepare a simple will 'since it's just family.' The notary should:
Answer: Decline, because drafting a will is the practice of law
Drafting a will is the practice of law regardless of whether a fee is charged or the parties are related.
Which phrase in a non-attorney notary's advertisement would most likely constitute unauthorized practice of law?
Answer: "Immigration paperwork prepared and legal advice given"
Offering to give legal advice or prepare immigration paperwork holds the notary out as authorized to practice law.
A signer cannot decide between an acknowledgment and a jurat. The notary may lawfully:
Answer: Describe what each act involves and let the signer or the receiving agency decide
A notary may describe the notarial acts available but the signer, document issuer, or an attorney must choose which act is required.
Why is the unauthorized practice of law by notaries considered especially harmful to immigrant communities?
Answer: In many countries a 'notario' is a licensed legal professional, so immigrants may believe the notary can handle legal matters
In civil-law countries a 'notario' is an attorney-like professional, so immigrants may mistakenly trust a U.S. notary with legal matters and suffer serious harm.
A Mississippi notary who is also a licensed attorney may:
Answer: Give legal advice and draft documents under their law license, separate from their notary authority
An attorney-notary may practice law under the law license, but the authority comes from being an attorney, not from the notary commission.
A customer asks the notary to 'just tell me if this lease is fair.' The notary should:
Answer: Decline to evaluate the lease and suggest consulting an attorney
Evaluating the fairness or adequacy of a legal document is legal judgment reserved for attorneys.
Which task related to a real estate closing may a non-attorney Mississippi notary perform?
Answer: Notarizing the signatures on closing documents
The notary's role at closing is limited to performing notarial acts such as notarizing signatures, not explaining or altering legal documents.