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Unauthorized Practice of Law Flashcards

7 cards from real CT NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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  1. A signer asks a Connecticut notary, "Should I use a quitclaim deed or a warranty deed?" What should the notary do?

    Answer: Decline to answer and refer the signer to a licensed attorney

    Advising which legal document to use constitutes legal advice, which a non-attorney notary cannot give.

  2. Which task may a Connecticut notary who is NOT an attorney legally perform?

    Answer: Completing the notarial certificate wording for an acknowledgment

    Completing the notarial certificate itself is part of the notary's official duties, while drafting documents or choosing acts for signers is practicing law.

  3. A document presented to a Connecticut notary has no notarial certificate. What is the proper response?

    Answer: Ask the signer or document issuer which notarial act is required

    The notary may not choose the act for the signer because that is legal advice; the signer, issuer, or an attorney must decide.

  4. Why is the unauthorized practice of law a particular concern for notaries serving immigrant communities in Connecticut?

    Answer: The term "notario publico" implies attorney-like authority in many Latin American countries

    In many civil-law countries a "notario" is a highly trained legal professional, so the title can mislead immigrants into believing a U.S. notary can give legal advice.

  5. A Connecticut notary who engages in the unauthorized practice of law may face which consequence?

    Answer: Criminal penalties and revocation of the notary commission

    Unauthorized practice of law is a crime in Connecticut and can also lead to loss of the notary commission and civil liability.

  6. A signer hands a Connecticut notary a partially blank will and asks the notary to fill in the missing provisions. The notary should:

    Answer: Refuse, because drafting or completing legal document terms is the practice of law

    Filling in substantive terms of a legal document constitutes drafting, which only licensed attorneys may do.

  7. Which statement, if made by a non-attorney Connecticut notary, would constitute unauthorized practice of law?

    Answer: "This contract clause means you waive your right to sue."

    Interpreting the legal effect of a contract clause is giving legal advice, while the other statements concern routine notarial procedure.