California Notary Public ExamNotary Public Duties and AuthorityMedium
A Notary Public is approached by a client who asks the Notary to prepare a will for them, stating that since the Notary is authorized to notarize documents, they must also be qualified to draft legal documents. What is the Notary's duty in this situation?
- APrepare the will, but ensure the client understands it is not legal advice.
- BDecline to prepare the will, explaining that a Notary Public is not authorized to practice law.
- CPrepare a simple will template, as long as no complex legal advice is given.
- DRefer the client to a legal aid service or attorney.
Show answer & explanationAnswer & explanation
Correct answer: B. Decline to prepare the will, explaining that a Notary Public is not authorized to practice law.
A Notary Public is strictly prohibited from engaging in the unauthorized practice of law, which includes drafting legal documents like wills. Their role is ministerial, not advisory or preparative of legal instruments.
Why the other options are wrong
- A. Even with disclaimers, drafting a will constitutes the practice of law.
- C. Any preparation of a legal document, even a 'simple' one, is the unauthorized practice of law.
- D. While a good referral, the primary duty is to decline the prohibited request.
Unauthorized Practice of Law (UPL)
A Notary Public is strictly prohibited from performing any act that constitutes the practice of law, such as drafting legal documents, giving legal advice, or determining the type of notarial act required.
- Notaries are ministerial officers, not legal professionals.
- Prohibited acts include drafting wills, contracts, real estate documents.
- Prohibited acts include giving legal advice or selecting document types.
- Violation can lead to commission revocation, fines, and civil/criminal penalties.
Memory trick: Law is for Lawyers, Notaries just Witness.