Unauthorized Practice of Law Flashcards

A West Virginia notary posts on social media: 'I can handle your divorce paperwork—cheaper than a lawyer!' What is the primary legal problem?

Answer: The notary is offering legal services they are not licensed to provide

Offering to prepare divorce paperwork is offering legal services, which a non-attorney notary cannot lawfully provide.

During a notarization, the signer says, 'I don't understand what this affidavit means.' The West Virginia notary should:

Answer: Pause and suggest the signer seek clarification from the document's preparer or an attorney before signing

A notary should not proceed when a signer appears not to understand the document, and must refer interpretation questions elsewhere.

A West Virginia notary sells 'legal document kits' and helps buyers select which kit fits their legal situation. The selection assistance is:

Answer: Unauthorized practice of law, because matching legal solutions to a person's situation is legal advice

Recommending which legal product fits a specific person's circumstances applies legal judgment and constitutes legal advice.

Which body in West Virginia is primarily concerned with prosecuting or restraining the unauthorized practice of law?

Answer: The West Virginia State Bar and the courts

The State Bar and the courts oversee and act against the unauthorized practice of law in West Virginia.

A signer asks a West Virginia notary whether their out-of-state document will be accepted in another state after notarization. The notary should:

Answer: Explain they cannot advise on legal acceptance and refer the signer to the receiving state's authorities or an attorney

Advising on another jurisdiction's acceptance of a document is legal advice outside the notary's authority.

A paralegal who is also a West Virginia notary drafts a will for a private client outside of any attorney's supervision. This is:

Answer: Unauthorized practice of law, because paralegals may only do legal work under attorney supervision

Paralegal training permits legal work only under attorney supervision, so independent will drafting is unauthorized practice.

What is the safest general rule for a West Virginia notary asked any question about a document's legal meaning, requirements, or consequences?

Answer: Decline to answer and refer the person to a licensed attorney

Any question about legal meaning or consequences should be referred to a licensed attorney, with no exceptions for simple or familiar matters.