WV Notary Unauthorized Practice of Law 3 â Questions and Answers
Question 1: In many Latin American countries, a 'notario pĂșblico' is a highly trained legal professional. Why does this matter for West Virginia notaries?
- Advertising as 'notario pĂșblico' may mislead immigrants into believing the notary is an attorney (Correct answer)
- West Virginia notaries hold the same authority as notarios
- It allows notaries to serve Spanish-speaking clients as legal advisors
- It has no relevance to West Virginia notaries
Correct answer: Advertising as 'notario pĂșblico' may mislead immigrants into believing the notary is an attorney
Using 'notario pĂșblico' can deceive immigrants who associate the term with attorney-level authority, which is why such advertising is restricted.
Question 2: A signer brings a partially blank power of attorney and asks the West Virginia notary to fill in the missing legal terms. The notary should:
- Decline to fill in the legal terms and refer the signer to an attorney (Correct answer)
- Fill in the blanks based on the signer's verbal instructions
- Complete the form using a standard template
- Notarize it as-is with the blanks remaining
Correct answer: Decline to fill in the legal terms and refer the signer to an attorney
Completing substantive legal terms in a document for a signer constitutes the unauthorized practice of law, and notarizing documents with blanks is also improper.
Question 3: A West Virginia notary tells a customer, 'Based on my experience, you should use a quitclaim deed instead of a warranty deed.' This is:
- Unauthorized practice of law, because it advises on choice of legal instrument (Correct answer)
- Acceptable, because it is based on experience
- Acceptable, because no fee was charged for the advice
- Required, because notaries must help customers choose documents
Correct answer: Unauthorized practice of law, because it advises on choice of legal instrument
Recommending which legal instrument a person should use is legal advice regardless of the notary's experience.
Question 4: Which statement best describes the scope of a West Virginia notary's authority?
- The notary verifies identity and witnesses signatures but does not interpret documents (Correct answer)
- The notary ensures documents are legally sufficient before notarizing
- The notary certifies that a document's contents are true and lawful
- The notary guarantees the document will be accepted by courts
Correct answer: The notary verifies identity and witnesses signatures but does not interpret documents
A notary's role is ministerialâverifying identity and willingnessânot evaluating a document's legal content or effect.
Question 5: A customer asks a West Virginia notary to explain what will happen to their property under the will being notarized. The notary should say:
- 'I'm not able to interpret this document; please ask an attorney.' (Correct answer)
- 'Your property passes exactly as the will describes.'
- 'Wills like this usually mean your children inherit everything.'
- 'Let me read it and give you my opinion.'
Correct answer: 'I'm not able to interpret this document; please ask an attorney.'
Interpreting a document's legal effect is legal advice that a non-attorney notary must not give.
Question 6: A West Virginia notary helps a friend respond to a lawsuit by drafting an answer to the complaint, charging nothing. Has unauthorized practice of law occurred?
- Yes, drafting court pleadings for another person is practicing law even without a fee (Correct answer)
- No, because no money changed hands
- No, because they are friends
- Only if the court rejects the filing
Correct answer: Yes, drafting court pleadings for another person is practicing law even without a fee
Preparing legal pleadings for someone else is practicing law regardless of whether a fee is charged.
Question 7: Which resource may a West Virginia notary properly direct a signer to for questions about a document's legal meaning?
- A licensed attorney (Correct answer)
- The notary's own errors and omissions insurer
- Another more experienced notary
- An online form-filling website chosen by the notary
Correct answer: A licensed attorney
Legal questions about a document's meaning should be answered by a licensed attorney, not by notaries or third-party services the notary selects.
WV Notary Unauthorized Practice of Law 3
In many Latin American countries, a 'notario pĂșblico' is a highly trained legal professional.
Why does this matter for West Virginia notaries?