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Misconduct & Prohibited Acts 2026 Law Update

Which of the following advertising statements is NOT correct?

A

A non-attorney notary may not prepare deeds for compensation.

B

A non-attorney notary may not give legal advice.

C

A non-attorney notary may prepare a will if no fee is charged.

D

A non-attorney notary may not divide legal fees with a lawyer.

Correct Answer

C. A non-attorney notary may prepare a will if no fee is charged.

AI Explanation

Preparing a will is still unauthorized practice even if no fee is charged. The booklet’s "Professional Conduct" section and Judiciary Law §484 forbid non-attorneys from preparing legal papers such as deeds and wills or giving legal advice. Unlike a simple clerical act, drafting a will is treated as legal practice.

Misconduct & Prohibited Acts Question #59
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