California Notary Public ExamNotary Public Duties and AuthorityEasy
A Notary Public is approached by a client who requests that the Notary draft a legal document, specifically a power of attorney, based on information provided by the client. The client assures the Notary that they will only fill in the blanks on a pre-printed form. How should the Notary respond to this request?
- ADraft the document if the client signs a waiver acknowledging the Notary is not an attorney.
- BDecline the request, explaining that drafting legal documents constitutes the unauthorized practice of law.
- CRefer the client to an attorney, but offer to notarize the document once it has been properly drafted.
- DDraft the power of attorney as requested, using a pre-printed form, since it only involves filling in blanks.
Show answer & explanationAnswer & explanation
Correct answer: B. Decline the request, explaining that drafting legal documents constitutes the unauthorized practice of law.
Notaries Public are prohibited from drafting legal documents or giving legal advice, as these actions constitute the unauthorized practice of law. Even filling in blanks on a pre-printed form can be considered drafting if it requires legal judgment.
Why the other options are wrong
- A. A waiver does not exempt a Notary Public from the prohibition against the unauthorized practice of law.
- C. While referring to an attorney is good, offering to notarize is separate and the initial request must still be declined for drafting.
- D. This action is explicitly prohibited as it constitutes the unauthorized practice of law.
Unauthorized Practice of Law (UPL)
The performance of legal services by someone who is not licensed to practice law, which is strictly prohibited for Notaries Public.
- Notaries cannot draft legal documents.
- Notaries cannot provide legal advice.
- Filling in blanks on legal forms can be UPL if it requires legal judgment.
Memory trick: A Notary's seal confirms, it never forms.