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Misconduct & Prohibited Acts

A commissioned notary who is not an attorney begins charging people to draft deeds, wills, and eviction papers. Which answer is most accurate?

A

The notary is simply expanding ordinary notarial services.

B

The conduct falls within the booklet’s prohibited practice of law and may constitute a misdemeanor violation under Judiciary Law §485 when it violates §484.

C

The conduct is lawful if the notary also takes the acknowledgment afterward.

D

The conduct is allowed for real-property papers but not for wills.

Correct Answer

B. The conduct falls within the booklet’s prohibited practice of law and may constitute a misdemeanor violation under Judiciary Law §485 when it violates §484.

AI Explanation

Drafting legal papers for others is not part of ordinary notarial authority. The booklet’s “Illegal practice of law by notary public” discussion and Judiciary Law §484 treat such activity as unauthorized practice, and §485 makes violation a misdemeanor. Not to be confused with the separate authority to take acknowledgments on instruments someone else lawfully prepared.

Misconduct & Prohibited Acts Question #435
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