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Misconduct & Prohibited Acts

A non-attorney notary is asked to draft eviction papers for a landlord. What is the safer exam answer?

A

The notary may prepare them if no separate fee is charged.

B

The notary may prepare them only if the tenant agrees.

C

The notary may prepare them if the papers are later reviewed by a lawyer.

D

The notary may not prepare them because that is the practice of law.

Correct Answer

D. The notary may not prepare them because that is the practice of law.

AI Explanation

Unauthorized legal drafting is prohibited. In the booklet’s "Professional Conduct" section and under Judiciary Law §§484-485, a non-attorney notary may not draft legal papers, including papers in summary proceedings to evict a tenant. For contrast, a notary may notarize signatures on documents presented by the parties, but may not decide or prepare the legal papers for them.

Misconduct & Prohibited Acts Question #104
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