WV Notary Unauthorized Practice of Law 5

Question 1

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

Accepted Answer

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

Answer

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

Question 2

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

Accepted Answer

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

Answer

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

Question 3

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

Accepted Answer

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

Answer

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

Question 4

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

Accepted Answer

The West Virginia State Bar and the courts

Answer

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

Question 5

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

Accepted Answer

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

Answer

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

(WV Notary) West Virginia Notary Exam Practice Test