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Misconduct/Fees

A California notary public who is not an attorney regularly prepares and drafts legal documents for clients. Under Government Code section 8227.3 and related provisions, what is the maximum criminal exposure for the unauthorized practice of law?

A

A misdemeanor, which for practicing law without a license carries a fine of up to $1,000 and/or up to one year in county jail

B

A felony if the documents involve real property

C

There is no criminal penalty — the notary's commission may only be revoked

D

An infraction with a fine up to $500

Correct Answer

A. A misdemeanor, which for practicing law without a license carries a fine of up to $1,000 and/or up to one year in county jail

AI Explanation

Unauthorized practice of law as a misdemeanor. Unauthorized practice of law in California is a misdemeanor under Business and Professions Code section 6126, punishable by a fine of up to $1,000 and/or up to one year in county jail. For a notary, this conduct is also grounds for denial, revocation, or suspension of the commission. Note: the felony under Government Code section 8227.3 applies to acting as a notary without a commission on real property documents — not to unauthorized practice of law.

Misconduct/Fees Question #313
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