MS Notary Unauthorized Practice of Law 3 — Questions and Answers
Question 1: A friend asks a Mississippi notary to prepare a simple will 'since it's just family.' The notary should:
- Decline, because drafting a will is the practice of law (Correct answer)
- Prepare it since no fee is charged
- Prepare it using an online template
- Prepare it but have an attorney notarize it
Correct answer: Decline, because drafting a will is the practice of law
Drafting a will is the practice of law regardless of whether a fee is charged or the parties are related.
Question 2: Which phrase in a non-attorney notary's advertisement would most likely constitute unauthorized practice of law?
- "Immigration paperwork prepared and legal advice given" (Correct answer)
- "Notary public — acknowledgments and oaths"
- "Mobile notary available evenings and weekends"
- "Certified copies of powers of attorney attested"
Correct answer: "Immigration paperwork prepared and legal advice given"
Offering to give legal advice or prepare immigration paperwork holds the notary out as authorized to practice law.
Question 3: A signer cannot decide between an acknowledgment and a jurat. The notary may lawfully:
- Describe what each act involves and let the signer or the receiving agency decide (Correct answer)
- Pick the jurat because it is more thorough
- Pick the acknowledgment because it is faster
- Refuse service until the signer hires an attorney
Correct answer: Describe what each act involves and let the signer or the receiving agency decide
A notary may describe the notarial acts available but the signer, document issuer, or an attorney must choose which act is required.
Question 4: Why is the unauthorized practice of law by notaries considered especially harmful to immigrant communities?
- In many countries a 'notario' is a licensed legal professional, so immigrants may believe the notary can handle legal matters (Correct answer)
- Immigrants are required to use notaries for all legal filings
- Notary fees are higher for immigration documents
- Immigration law allows notaries to represent clients in court
Correct answer: In many countries a 'notario' is a licensed legal professional, so immigrants may believe the notary can handle legal matters
In civil-law countries a 'notario' is an attorney-like professional, so immigrants may mistakenly trust a U.S. notary with legal matters and suffer serious harm.
Question 5: A Mississippi notary who is also a licensed attorney may:
- Give legal advice and draft documents under their law license, separate from their notary authority (Correct answer)
- Give legal advice because all notaries can
- Not notarize documents they drafted
- Charge notary fees for legal advice
Correct answer: Give legal advice and draft documents under their law license, separate from their notary authority
An attorney-notary may practice law under the law license, but the authority comes from being an attorney, not from the notary commission.
Question 6: A customer asks the notary to 'just tell me if this lease is fair.' The notary should:
- Decline to evaluate the lease and suggest consulting an attorney (Correct answer)
- Skim it and give a general opinion
- Compare it to leases the notary has signed personally
- Rate its fairness on a scale and document the answer
Correct answer: Decline to evaluate the lease and suggest consulting an attorney
Evaluating the fairness or adequacy of a legal document is legal judgment reserved for attorneys.
Question 7: Which task related to a real estate closing may a non-attorney Mississippi notary perform?
- Notarizing the signatures on closing documents (Correct answer)
- Explaining the legal effect of the deed of trust
- Modifying the mortgage terms at the parties' request
- Advising the buyer whether to waive title insurance
Correct answer: Notarizing the signatures on closing documents
The notary's role at closing is limited to performing notarial acts such as notarizing signatures, not explaining or altering legal documents.
MS Notary Unauthorized Practice of Law 3
A friend asks a Mississippi notary to prepare a simple will 'since it's just family.' The notary should: