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Powers & Duties of Notary

A New York attorney who is also a commissioned notary is asked to take the acknowledgment of that attorney’s own client in connection with a pending matter. Which answer is best?

A

The act is forbidden because a notary may never take a client’s acknowledgment.

B

The act is permitted because Executive Law §135 specifically allows an attorney-notary, in his or her discretion, to take the affidavit or acknowledgment of a client.

C

The act is permitted only if a county clerk first issues an authentication certificate.

D

The act is permitted only outside the county where the attorney qualified.

Correct Answer

B. The act is permitted because Executive Law §135 specifically allows an attorney-notary, in his or her discretion, to take the affidavit or acknowledgment of a client.

AI Explanation

Attorney-notaries receive an express allowance. Executive Law §135 states that a notary who is an attorney at law regularly admitted in New York may, in his or her discretion, administer an oath or affirmation to, or take the affidavit or acknowledgment of, the client in respect of any matter, claim, action, or proceeding. In practice, the exam tests this narrow permission against the general idea that conflicts always bar the act.

Powers & Duties of Notary Question #416
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