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Misconduct & Prohibited Acts

A non-attorney notary offers, for a fee, to draft a client's will and lease, then says any problem can be fixed later because the client will sign before a notary. Which answer best reflects New York law?

A

This is allowed if the notary charges only one flat fee for drafting and notarizing.

B

This is unauthorized practice under Judiciary Law §484, and violation is a misdemeanor under §485.

C

This is allowed if the documents are not filed in court.

D

This is merely poor advertising and creates only a civil penalty under Executive Law §135-b.

Correct Answer

B. This is unauthorized practice under Judiciary Law §484, and violation is a misdemeanor under §485.

AI Explanation

Drafting those documents for another person is classic unauthorized practice. Judiciary Law §484 bars a non-attorney from preparing wills, leases, and other listed legal instruments for compensation, and Judiciary Law §485 makes violation of §484 a misdemeanor. As the booklet's "Professional Conduct" section stresses, notarization never cures unauthorized law practice.

Misconduct & Prohibited Acts Question #204
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