Prohibited Acts and UPL Flashcards

A Texas notary who is not an attorney is asked by a client to help select the correct notarial certificate for a document. Which of the following actions is the notary permitted to take?

Answer: Show the client samples of different notarial certificates and allow the signer to choose.

A non-attorney notary in Texas commits the unauthorized practice of law (UPL) if they select or advise on the type of notarial certificate to be used. The proper procedure is to present the signer with the different types of certificates and let them make the selection. The notary may then attach the chosen certificate to the document.

Which of the following phrases is a Texas notary strictly prohibited from using when advertising their services, to avoid the unauthorized practice of law?

Answer: "Notario Público"

Texas law explicitly prohibits notaries from using the phrase "Notario" or "Notario Público" in advertisements. This is because in many Latin American countries, a "Notario Público" is a highly trained legal professional with duties similar to an attorney, which could mislead the public in Texas.

A client brings a handwritten will to a Texas notary and asks the notary to review it for completeness and to ensure it is legally sound before notarizing the signatures. What is the appropriate response from the notary?

Answer: Explain that the notary's role is limited to verifying the signer's identity and witnessing the signature, and they cannot provide legal advice.

A Texas notary public who is not an attorney is strictly forbidden from giving legal advice, which includes interpreting documents, offering opinions on their validity, or reviewing them for correctness. The notary's duty is to properly identify the signer and perform the notarial act, not to engage in the practice of law.

Under Texas law, which of the following acts by a non-attorney notary would be considered the Unauthorized Practice of Law (UPL)?

Answer: Drafting a power of attorney document for a fee.

Preparing or drafting legal documents, such as a power of attorney, for another person is considered the practice of law. A Texas notary who is not a licensed attorney is prohibited from engaging in this activity, as it constitutes the Unauthorized Practice of Law (UPL). The other options are either permissible or required duties of a notary.

A Texas notary advertises services in Spanish. According to Texas Government Code §406.017, what specific disclaimer must be included in the advertisement?

Answer: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE."

Texas Government Code §406.017 specifically requires that any advertisement for notary services in a language other than English must include a conspicuous notice with the exact phrase: "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN TEXAS AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE." This notice must be in both English and the language of the advertisement.

A notary is asked to notarize a real estate deed. The signer seems confused and asks the notary, "What does this 'warranty' clause mean for me?" Which action is prohibited for the notary?

Answer: Explaining that a warranty clause generally guarantees clear title to the property.

Explaining the legal meaning or effect of a clause within a document constitutes giving legal advice, which is a prohibited act for a non-attorney notary and is considered the Unauthorized Practice of Law (UPL). The notary's duty is to remain impartial and not interpret the document for the signer.