CT Notary Unauthorized Practice of Law 2 — Questions and Answers
Question 1: A signer asks a Connecticut notary, "Should I use a quitclaim deed or a warranty deed?" What should the notary do?
- Decline to answer and refer the signer to a licensed attorney (Correct answer)
- Recommend the quitclaim deed since it is simpler
- Explain the legal differences and let the signer decide
- Choose the deed type based on the signer's situation
Correct 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.
Question 2: Which task may a Connecticut notary who is NOT an attorney legally perform?
- Completing the notarial certificate wording for an acknowledgment (Correct answer)
- Drafting a power of attorney for a client
- Selecting the type of notarial act a document requires
- Explaining the legal effect of a signed contract
Correct 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.
Question 3: A document presented to a Connecticut notary has no notarial certificate. What is the proper response?
- Ask the signer or document issuer which notarial act is required (Correct answer)
- Add an acknowledgment because it is the most common act
- Refuse to notarize any document lacking a certificate
- Pick whichever certificate seems to fit the document best
Correct 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.
Question 4: Why is the unauthorized practice of law a particular concern for notaries serving immigrant communities in Connecticut?
- The term "notario publico" implies attorney-like authority in many Latin American countries (Correct answer)
- Immigrants rarely need notarizations
- Immigration documents cannot be notarized at all
- Federal law exempts immigration paperwork from notarization rules
Correct 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.
Question 5: A Connecticut notary who engages in the unauthorized practice of law may face which consequence?
- Criminal penalties and revocation of the notary commission (Correct answer)
- Only a written warning from the town clerk
- Nothing, because notaries have legal immunity
- A mandatory ethics course with no other penalty
Correct 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.
Question 6: A signer hands a Connecticut notary a partially blank will and asks the notary to fill in the missing provisions. The notary should:
- Refuse, because drafting or completing legal document terms is the practice of law (Correct answer)
- Fill in the blanks using standard language
- Complete it only if the signer dictates the words
- Charge an extra fee for the drafting service
Correct 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.
Question 7: Which statement, if made by a non-attorney Connecticut notary, would constitute unauthorized practice of law?
- "This contract clause means you waive your right to sue." (Correct answer)
- "I need to see a current government-issued photo ID."
- "Please sign the document in my presence."
- "My fee for this acknowledgment is set by state law."
Correct 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.
CT Notary Unauthorized Practice of Law 2
A signer asks a Connecticut notary, "Should I use a quitclaim deed or a warranty deed?" What should the notary do?