MS Notary Unauthorized Practice of Law 2 — Questions and Answers
Question 1: A signer asks a Mississippi notary whether they should use a quitclaim deed or a warranty deed. What should the notary do?
- Refer the signer to a licensed attorney (Correct answer)
- Recommend the warranty deed because it offers more protection
- Explain the legal differences and let the signer choose
- Choose the deed type based on the county's common practice
Correct answer: Refer the signer to a licensed attorney
Advising which legal document to use constitutes legal advice, so the notary must refer the signer to a licensed attorney.
Question 2: Which of the following may a Mississippi notary who is not an attorney lawfully do?
- Complete notarial certificate wording selected by the signer (Correct answer)
- Draft a power of attorney for a customer
- Explain the legal effect of a will
- Select the type of notarization a document legally requires
Correct answer: Complete notarial certificate wording selected by the signer
A non-attorney notary may complete certificate wording chosen by the signer but may not draft documents, explain legal effects, or choose the notarization type for the signer.
Question 3: A non-attorney Mississippi notary advertises notarial services in Spanish. What statement is generally required to avoid misleading the public?
- A disclaimer that the notary is not an attorney and cannot give legal advice (Correct answer)
- A list of the notary's fees in English only
- A statement that the notary is bilingual and court-certified
- The notary's bond amount and commission number
Correct answer: A disclaimer that the notary is not an attorney and cannot give legal advice
Because 'notario publico' implies attorney status in many Latin American countries, non-attorney notaries advertising in another language must disclaim that they are not attorneys and cannot give legal advice.
Question 4: A customer brings an incomplete contract and asks the notary to fill in the missing terms before notarizing. The notary should:
- Decline to fill in the terms and refuse to notarize an incomplete document (Correct answer)
- Fill in the terms as the customer dictates and then notarize
- Notarize first and let the customer complete it later
- Fill in only the dollar amounts, which are not legal terms
Correct answer: Decline to fill in the terms and refuse to notarize an incomplete document
Supplying substantive terms to a legal document is unauthorized practice of law, and notarizing an incomplete document is also prohibited.
Question 5: What is a likely consequence for a Mississippi notary found to have engaged in the unauthorized practice of law?
- Suspension or revocation of the notary commission and possible criminal penalties (Correct answer)
- Only a written warning from the county clerk
- A mandatory continuing education course with no other penalty
- Automatic transfer of the commission to another county
Correct answer: Suspension or revocation of the notary commission and possible criminal penalties
Unauthorized practice of law can result in commission suspension or revocation, civil liability, and criminal prosecution.
Question 6: A signer asks the notary, 'Does this affidavit mean I give up my property rights?' The proper response is:
- "I cannot interpret the document; please consult an attorney." (Correct answer)
- "Yes, that is what affidavits usually do."
- "No, affidavits never affect property rights."
- "Let me read it and tell you what it means."
Correct answer: "I cannot interpret the document; please consult an attorney."
Interpreting the legal meaning or effect of a document is legal advice reserved for licensed attorneys.
Question 7: Which activity is permitted for a Mississippi notary employed as a paralegal?
- Notarizing documents prepared under a supervising attorney's direction (Correct answer)
- Giving the firm's clients legal opinions when the attorney is unavailable
- Signing pleadings on behalf of the attorney
- Advising walk-in clients on which forms to file
Correct answer: Notarizing documents prepared under a supervising attorney's direction
A paralegal-notary may notarize attorney-prepared documents but may never independently give legal opinions or advice.
MS Notary Unauthorized Practice of Law 2
A signer asks a Mississippi notary whether they should use a quitclaim deed or a warranty deed.
What should the notary do?