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Unauthorized Practice of Law Flashcards

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  1. During a real estate closing, a buyer asks the non-attorney Connecticut notary to explain the mortgage's prepayment penalty clause. The notary should:

    Answer: Direct the buyer to ask their attorney or lender before signing

    Explaining the meaning or effect of contract terms is legal advice that a non-attorney notary may not provide.

  2. A Connecticut notary's business card reads "Notary Public & Legal Consultant." What is the problem?

    Answer: It implies the notary can provide legal services, misleading the public

    Advertising as a "legal consultant" suggests authority to give legal advice, which a non-attorney notary lacks.

  3. A friend asks a Connecticut notary to notarize a self-written will and asks, "Does this need witnesses to be valid?" The notary should:

    Answer: Decline to answer the validity question and suggest consulting an attorney

    Advising on execution requirements for a will is legal advice, so the notary must refer the friend to an attorney.

  4. Which scenario shows a Connecticut notary properly staying within their role?

    Answer: Notarizing an affidavit after administering the oath, without commenting on its contents

    Performing the notarial act without shaping or evaluating the document's content keeps the notary within lawful bounds.

  5. A Connecticut notary who is also a licensed attorney may explain the legal effect of a document to a signer because:

    Answer: The attorney's law license, not the notary commission, authorizes giving legal advice

    Attorney-notaries may give legal advice solely by virtue of their bar admission, not their notary commission.

  6. A customer at a shipping store asks the notary on duty to help fill out a green card renewal application. The notary should:

    Answer: Decline and refer the customer to an immigration attorney or accredited representative

    Assisting with immigration forms involves legal judgment and is limited to attorneys and federally accredited representatives.

  7. What is the safest general rule for a Connecticut notary asked any question beginning with "What does this document mean..."?

    Answer: Refer the signer to a licensed attorney

    Any question about a document's meaning or effect calls for legal advice, so referral to an attorney is the safe response.