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Misconduct & Prohibited Acts

A notary is paid to prepare a deed for a customer and then threatens to appear in court if the customer does not pay more. Which statement is most accurate?

A

Only Executive Law §135-a is implicated because the person is a notary.

B

The conduct may implicate Judiciary Law §484 because preparing deeds for compensation is reserved to attorneys, and §485 makes violation a misdemeanor.

C

The conduct is proper if the notary later takes the acknowledgment personally.

D

No unauthorized-practice issue exists unless the deed is filed the same day.

Correct Answer

B. The conduct may implicate Judiciary Law §484 because preparing deeds for compensation is reserved to attorneys, and §485 makes violation a misdemeanor.

AI Explanation

Preparing deeds for compensation is classic unauthorized-practice territory. Judiciary Law §484 reserves such legal work to admitted attorneys, and §485 makes certain violations a misdemeanor. Not to be confused with merely notarizing an already-prepared deed, which is an authorized notarial act if other requirements are met.

Misconduct & Prohibited Acts Question #385
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