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Ethics and Professional Conduct Flashcards

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  1. A Montana notary is asked to notarize a deed in which the notary is named as the grantee. What must the notary do?

    Answer: Refuse to perform the notarization because of a disqualifying interest

    Montana law prohibits a notary from notarizing a document in which the notary is a party or has a direct beneficial interest.

  2. A signer offers a Montana notary a $50 tip for notarizing a single acknowledgment. What is the most ethical response?

    Answer: Decline any amount above the maximum statutory fee

    Montana caps notarial fees by statute, and accepting more than the allowed fee is improper even if offered voluntarily as a tip.

  3. A Montana notary's employer instructs her to notarize a stack of documents signed earlier by employees who have left for the day. What should she do?

    Answer: Refuse because the signers are not personally appearing before her

    Personal appearance of the signer at the time of notarization is required, and an employer's instruction never overrides this duty.

  4. A friend asks a Montana notary to explain which type of certificate—acknowledgment or jurat—his document needs. The notary is not an attorney. What should the notary do?

    Answer: Ask the signer to choose or consult the document's issuing agency or an attorney

    Selecting the notarial act for a signer constitutes the unauthorized practice of law, so the signer or a qualified professional must decide.

  5. Which action by a non-attorney Montana notary most clearly constitutes the unauthorized practice of law?

    Answer: Preparing and advising on an immigration form for a fee

    Preparing legal documents or giving advice about them, including immigration paperwork, is the practice of law reserved for licensed attorneys.

  6. A Montana notary discovers a document contains blank spaces where key terms should appear. The signer asks her to notarize it anyway. What should she do?

    Answer: Decline until the blanks are completed or lined through by the signer

    Notarizing a document with material blanks invites fraud, so the signer must complete or strike the blanks before notarization.

  7. May a Montana notary advertise notarial services in Spanish using the term 'notario público'?

    Answer: No, because the term implies attorney-like authority and is misleading

    In many Spanish-speaking countries a 'notario' is a licensed legal professional, so the term misleads consumers about a U.S. notary's limited role.