WV Notary Unauthorized Practice of Law 2 — Questions and Answers
Question 1: A West Virginia notary is asked by a customer which type of notarial act—acknowledgment or jurat—should be used on a document. What should the notary do?
- Ask the customer or the document's issuing agency to specify the act (Correct answer)
- Choose the act that seems most appropriate
- Refuse to notarize the document entirely
- Perform both acts to be safe
Correct answer: Ask the customer or the document's issuing agency to specify the act
Selecting the type of notarial act for a signer is legal advice, so the signer or issuing agency must decide.
Question 2: A non-attorney West Virginia notary prepares a deed for a neighbor and charges $50 for the drafting work. What has the notary done?
- Engaged in the unauthorized practice of law (Correct answer)
- Provided a lawful notarial service
- Acted properly because deeds are simple documents
- Acted properly because a fee was disclosed
Correct answer: Engaged in the unauthorized practice of law
Drafting legal documents like deeds for others, especially for a fee, constitutes the unauthorized practice of law for non-attorneys.
Question 3: Which of the following may a non-attorney West Virginia notary lawfully do?
- Complete the notarial certificate wording after the act is chosen (Correct answer)
- Explain the legal effect of a power of attorney
- Advise a signer whether a will is valid
- Recommend changes to a contract's terms
Correct answer: Complete the notarial certificate wording after the act is chosen
Filling in the notarial certificate is part of the notary's official duties, while the other actions constitute legal advice.
Question 4: A signer asks a West Virginia notary, 'Do I really need this document notarized to make it legal?' The best response is to:
- Suggest the signer consult an attorney or the receiving agency (Correct answer)
- Assure the signer that notarization makes any document legal
- Explain the legal requirements for the document type
- Decline to notarize until the signer gets legal advice
Correct answer: Suggest the signer consult an attorney or the receiving agency
Advising on whether notarization is legally required is legal advice, so the notary should refer the question to an attorney or the receiving agency.
Question 5: What is a potential consequence for a West Virginia notary who engages in the unauthorized practice of law?
- Revocation of the notary commission and possible civil or criminal liability (Correct answer)
- A mandatory retraining course only
- Nothing, as long as no one was harmed
- A warning letter with no further action possible
Correct answer: Revocation of the notary commission and possible civil or criminal liability
Unauthorized practice of law can result in commission revocation plus civil and criminal penalties.
Question 6: A notary who is also a licensed West Virginia attorney may give legal advice to a signer because:
- The attorney license, not the notary commission, authorizes legal advice (Correct answer)
- All notaries may give limited legal advice
- The notary commission includes legal advisory powers
- Legal advice is permitted if given for free
Correct answer: The attorney license, not the notary commission, authorizes legal advice
Only a law license authorizes giving legal advice; the notary commission itself grants no such authority.
Question 7: A West Virginia notary advertises 'notary and document preparation services' for immigration matters. Why is this problematic?
- It may mislead the public into believing the notary can provide legal services (Correct answer)
- Notaries may never advertise their services
- Immigration documents can never be notarized
- Advertising requires Secretary of State approval
Correct answer: It may mislead the public into believing the notary can provide legal services
Advertising document preparation, especially in immigration contexts, can imply legal authority the notary does not have.
WV Notary Unauthorized Practice of Law 2
A West Virginia notary is asked by a customer which type of notarial act—acknowledgment or jurat—should be used on a document.
What should the notary do?