Podcast
Questions and Answers
A notary public is asked to select the appropriate legal document for a client's specific needs. According to the guidelines, what should the notary do?
A notary public is asked to select the appropriate legal document for a client's specific needs. According to the guidelines, what should the notary do?
- Select the document, but advise the client to consult with an attorney later.
- Select the document and inform the client that this is not legal advice.
- Select the document, but only if the client insists and acknowledges the risk.
- Decline to select the document and refer the client to an attorney. (correct)
A client requests a notary public to explain the implications of a clause in a contract. What is the appropriate course of action for the notary?
A client requests a notary public to explain the implications of a clause in a contract. What is the appropriate course of action for the notary?
- Explain the clause to the best of their understanding, with a disclaimer.
- Provide a written explanation of the clause without offering any personal opinion.
- Refer the client to an attorney, as explaining legal implications constitutes legal advice. (correct)
- Suggest the client research the clause online for more information.
Which activity falls outside the authorized scope of a California notary public's duties?
Which activity falls outside the authorized scope of a California notary public's duties?
- Drafting a legal document on behalf of a client. (correct)
- Administering oaths and affirmations.
- Verifying the identity of a signer.
- Certifying that a copy of a document is a true copy.
A notary is asked to prepare a simple affidavit for a client. What should the notary do?
A notary is asked to prepare a simple affidavit for a client. What should the notary do?
A client presents a document and asks the notary if it is legally sound. How should the notary respond?
A client presents a document and asks the notary if it is legally sound. How should the notary respond?
What is the primary reason a California notary public should avoid giving advice on legal documents?
What is the primary reason a California notary public should avoid giving advice on legal documents?
A notary is asked to determine the 'kind' of legal document needed for a specific situation. What action should the notary take?
A notary is asked to determine the 'kind' of legal document needed for a specific situation. What action should the notary take?
If a client insists that a notary public perform a task that constitutes the practice of law, what is the notary's best course of action?
If a client insists that a notary public perform a task that constitutes the practice of law, what is the notary's best course of action?
A notary public is permitted to:
A notary public is permitted to:
Which scenario requires a California notary to immediately refer a customer to an attorney?
Which scenario requires a California notary to immediately refer a customer to an attorney?
Flashcards
Legal advice by Notaries
Legal advice by Notaries
California notaries public cannot perform duties that could be seen as practicing law.
Practice of law includes
Practice of law includes
Preparing, drafting, selecting, or determining legal documents, or giving advice on legal matters.
If asked for legal tasks
If asked for legal tasks
Notaries should refuse and recommend they seek counsel from an attorney.
Study Notes
- California notaries public are prohibited from performing duties that may be construed as the practice of law.
- Acts that constitute the practice of law include:
- Preparing legal documents
- Drafting legal documents
- Selecting legal documents
- Determining the kind of any legal document
- Giving advice in relation to any legal documents or matters
- If asked to perform such tasks, a California notary public should decline.
- The notary should refer the requester to an attorney.
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