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Powers & Duties of Notary

A lawyer who is also a notary is asked to take a client's affidavit in a pending matter. May the lawyer-notary act?

A

No, because a notary may never act for a client.

B

Yes, because a New York attorney-notary may, in discretion, take a client's affidavit or acknowledgment in a matter, claim, action, or proceeding.

C

Yes, but only if another notary also signs.

D

No, unless the county clerk first authenticates the lawyer's signature.

Correct Answer

B. Yes, because a New York attorney-notary may, in discretion, take a client's affidavit or acknowledgment in a matter, claim, action, or proceeding.

AI Explanation

Attorney-notaries have an express statutory allowance. Executive Law §135 provides that a notary who is an attorney regularly admitted in New York may, in discretion, administer an oath or take the affidavit or acknowledgment of the attorney's client in respect of a matter, claim, action, or proceeding. Unlike a nonattorney notary drafting legal papers, this conduct is expressly authorized.

Powers & Duties of Notary Question #186
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