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Misconduct & Prohibited Acts 2026 Law Update

Regarding unauthorized practice by a nonattorney notary, which statement is NOT correct?

A

A nonattorney notary may draw wills and deeds so long as no separate drafting fee is charged.

B

A nonattorney notary may not prepare legal papers such as wills, deeds, leases, powers of attorney, or pleadings.

C

A nonattorney notary may not divide fees with a lawyer or accept part of a lawyer's fee on legal business.

D

A nonattorney notary may not solicit legal business to send to a lawyer from whom the notary receives consideration.

Correct Answer

A. A nonattorney notary may draw wills and deeds so long as no separate drafting fee is charged.

Detailed Explanation

Charging nothing does not cure unauthorized practice. In the booklet's 'Professional Conduct' section, a nonlawyer notary may not draw legal papers or otherwise practice law. For contrast, the prohibition is about the nature of the act, not merely whether a separate drafting fee is charged.

Misconduct & Prohibited Acts Question #383
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