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Misconduct & Prohibited Acts

A non-attorney notary advertises in another language, uses a foreign term implying lawyer status, and offers immigration legal advice for a fee. Which answer is best?

A

Only Executive Law §135-b is implicated because foreign-language advertising rules preempt all other law.

B

The conduct may violate Executive Law §135-b and also fit the booklet’s warnings against unauthorized practice of law.

C

The conduct is permissible if the ad appears only online.

D

The conduct is harmless so long as the person is commissioned as a notary.

Correct Answer

B. The conduct may violate Executive Law §135-b and also fit the booklet’s warnings against unauthorized practice of law.

AI Explanation

Advertising and unauthorized-practice issues can overlap. Executive Law §135-b prohibits foreign-language terms that imply attorney status and requires the statutory disclaimer, while the booklet’s “Professional Conduct” and Judiciary Law materials warn that a non-lawyer notary may not give legal advice or accept fees for legal advice. Importantly, a notary commission does not create a license to practice law.

Misconduct & Prohibited Acts Question #432
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