CT Notary Unauthorized Practice of Law 3 — Questions and Answers
Question 1: A non-attorney Connecticut notary wants to advertise notary services in Spanish. Which practice helps avoid unauthorized practice of law issues?
- Including a disclaimer that the notary is not an attorney and cannot give legal advice (Correct answer)
- Using the title "notario publico" to attract more clients
- Promising help with immigration case strategy
- Offering document drafting as a bundled service
Correct answer: Including a disclaimer that the notary is not an attorney and cannot give legal advice
A clear non-attorney disclaimer prevents the misleading implication that the notary can provide legal services.
Question 2: A signer asks a Connecticut notary whether her power of attorney will still be valid after she moves to Florida. The notary should:
- Refer her to an attorney because this requires a legal opinion (Correct answer)
- Assure her it is valid nationwide
- Tell her it becomes void when she moves
- Notarize a new copy to make it valid in Florida
Correct answer: Refer her to an attorney because this requires a legal opinion
Opining on a document's validity in another jurisdiction is legal advice reserved for attorneys.
Question 3: Which activity falls WITHIN the lawful scope of a non-attorney Connecticut notary's duties?
- Administering an oath to a signer of an affidavit (Correct answer)
- Advising an heir how to probate an estate
- Preparing a separation agreement for a divorcing couple
- Interpreting a lease's renewal clause for a tenant
Correct answer: Administering an oath to a signer of an affidavit
Administering oaths is a core notarial act, while the other options involve legal advice or document preparation.
Question 4: A notary employed by a Connecticut law firm is asked by a walk-in member of the public for advice on a landlord dispute. The notary may:
- Not give legal advice personally, even though attorneys work at the firm (Correct answer)
- Give advice because the firm's attorneys supervise the office
- Give advice if no attorney is available that day
- Give advice as long as no fee is charged
Correct answer: Not give legal advice personally, even though attorneys work at the firm
Employment at a law firm does not license the notary to give legal advice; only an attorney may do so.
Question 5: A signer cannot decide between an acknowledgment and a jurat. Which response by the Connecticut notary is proper?
- "I can describe what each act involves, but you or your attorney must choose." (Correct answer)
- "A jurat is better for this document."
- "I always use acknowledgments, so we'll do that."
- "I'll pick after reading your document's contents."
Correct answer: "I can describe what each act involves, but you or your attorney must choose."
A notary may describe the acts factually but may not select one for the signer, as that choice is legal advice.
Question 6: Who in Connecticut may lawfully draft a contract for another person for a fee?
- Only a licensed attorney (Correct answer)
- Any commissioned notary public
- Any paralegal working independently
- Anyone who takes a contract-drafting course
Correct answer: Only a licensed attorney
Drafting legal documents for others for compensation is the practice of law, restricted to licensed attorneys.
Question 7: A Connecticut notary offers a "document preparation package" that includes choosing and completing legal forms for customers. This service is:
- Unauthorized practice of law, even if the forms are standard templates (Correct answer)
- Legal because the forms are pre-printed
- Legal if the notary charges under $50
- Legal if customers sign a liability waiver
Correct answer: Unauthorized practice of law, even if the forms are standard templates
Selecting and completing legal forms for others constitutes practicing law regardless of price or waivers.
CT Notary Unauthorized Practice of Law 3
A non-attorney Connecticut notary wants to advertise notary services in Spanish.
Which practice helps avoid unauthorized practice of law issues?