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California Notary Public: Scope of Permitted Actions

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Questions and Answers

What is a notary public prohibited from doing, unless they are also a licensed attorney?

Practicing law. (correct)
Verifying the identity of signers.
Administering oaths and affirmations.
Witnessing signatures on legal documents.

A customer asks a notary public to 'notarize' a document without a notarial certificate. What should the notary public do?

Decide whether a certificate of acknowledgment or a jurat is needed.
Recommend the customer consult with the receiving party or an attorney. (correct)
Prepare the notarial certificate the notary public thinks is best.
Advise the customer on the legal implications of the document.

Which action is considered practicing law, and therefore prohibited for a notary public who is not also an attorney?

Certifying copies of documents
Identifying signers through personal knowledge
Administering oaths
Drafting legal documents (correct)

Why should a notary public avoid offering legal advice?

It is outside their area of expertise unless they are also an attorney. (D) Signup and view all the answers

A notary public encounters a client unsure if they need a jurat or acknowledgment. What is the most appropriate course of action for the notary?

Advise the client to seek guidance from the receiving party or an attorney. (C) Signup and view all the answers

What should a notary public do when a customer asks them to 'notarize' a document without specifying the type of notarial act required?

Recommend the customer seek advice from the receiving party or an attorney. (C) Signup and view all the answers

A notary public who is not a licensed attorney is asked to draft a contract for a client. What should the notary do?

Decline to draft the document as it is the practice of law. (C) Signup and view all the answers

A notary public notices a potential issue with a document presented for notarization. What is the best course of action?

Recommend the customer seek legal counsel. (C) Signup and view all the answers

What is the primary risk a notary public faces by offering legal advice without being a qualified attorney?

Civil liability for practicing law without a license (B) Signup and view all the answers

When can a California notary public provide legal advice related to documents they notarize?

Only if the notary public is also a licensed California attorney. (D) Signup and view all the answers

Flashcards

Practicing Law as a Notary

A notary public cannot perform actions that are considered practicing law unless they are a licensed attorney.

Acts Constituting Practice of Law

Preparing, drafting, or selecting legal documents, or offering advice on any legal document or matter.

Customer Unsure of Notarial Act

Recommend they confer with the receiving party or consult with an attorney.

Study Notes

A notary public is not allowed to practice law unless they are also a licensed attorney in California.
Notaries come into contact with many legal documents such as deeds, wills, and contracts.
Notaries might be tempted to offer advice, but should only perform notarial activities.
A notary public must not perform actions that constitute practicing law.
Actions that constitute practicing law:
- Preparing, drafting, or selecting legal documents
- Giving advice related to any legal document or legal matter
If a customer asks a notary to notarize a document without a notarial certificate, the notary cannot decide which certificate to complete; the customer must decide.
If the customer is unsure, the notary should recommend they:
- Confer with the party receiving the document
- Consult with an attorney

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