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Legal and Ethical Considerations Flashcards

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  1. A Connecticut notary who is not an attorney advertises notary services in Spanish. Which statement must they avoid implying?

    Answer: That they are a 'notario público' with legal authority to give legal advice

    In many Spanish-speaking countries 'notario' means attorney, so implying legal expertise is deceptive and prohibited.

  2. A notary is asked to notarize a document for their spouse's business sale in which the notary co-owns the business. The notary should:

    Answer: Decline because of a direct financial interest

    Co-ownership gives the notary a direct financial interest, which disqualifies them from notarizing.

  3. During a notarization, the notary suspects the document is part of a fraudulent scheme but the signer is properly identified and willing. What may the notary do?

    Answer: Refuse to notarize if there is reasonable belief the transaction is fraudulent or unlawful

    A notary may refuse service when they reasonably believe the notarization would facilitate fraud or an unlawful act.

  4. A signer offers a notary a $50 tip to 'skip the ID check' because they forgot their wallet. The ethical response is to:

    Answer: Refuse the notarization and the payment

    Accepting payment to bypass identification requirements is both unethical and unlawful.

  5. Which scenario best illustrates a notary acting with impartiality?

    Answer: Providing the same service and fee to all lawful requesters regardless of personal feelings

    Impartiality means serving all lawful requesters equally without favoritism or discrimination.

  6. A Connecticut notary receives a subpoena for records of a notarization they performed. What is the appropriate response?

    Answer: Comply with the lawful subpoena and provide the requested records

    Notarial acts are official records, and a notary must comply with lawful court orders and subpoenas.

  7. A non-attorney notary helps a customer by explaining what a power of attorney legally accomplishes and which clauses to include. This conduct is:

    Answer: Unauthorized practice of law and prohibited

    Explaining legal effects and drafting choices constitutes legal advice that non-attorney notaries may not give.