MS Notary Unauthorized Practice of Law 3

Question 1

A friend asks a Mississippi notary to prepare a simple will 'since it's just family.' The notary should:

Accepted Answer

Decline, because drafting a will is the practice of law

Answer

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?

Accepted Answer

"Immigration paperwork prepared and legal advice given"

Answer

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:

Accepted Answer

Describe what each act involves and let the signer or the receiving agency decide

Answer

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?

Accepted Answer

In many countries a 'notario' is a licensed legal professional, so immigrants may believe the notary can handle legal matters

Answer

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:

Accepted Answer

Give legal advice and draft documents under their law license, separate from their notary authority

Answer

An attorney-notary may practice law under the law license, but the authority comes from being an attorney, not from the notary commission.

(MS Notary) Mississippi Notary Exam Practice Test

(MS Notary) Mississippi Notary Exam Practice Test

MS Notary Unauthorized Practice of Law 3