CT Notary Unauthorized Practice of Law 2

Question 1

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

Accepted Answer

Decline to answer and refer the signer to a licensed attorney

Answer

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?

Accepted Answer

Completing the notarial certificate wording for an acknowledgment

Answer

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?

Accepted Answer

Ask the signer or document issuer which notarial act is required

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

Criminal penalties and revocation of the notary commission

Answer

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

(CT Notary) Connecticut Notary Exam Practice Test

(CT Notary) Connecticut Notary Exam Practice Test

CT Notary Unauthorized Practice of Law 2