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Misconduct & Prohibited Acts

Which of the following statements is NOT correct?

A

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

B

A non-attorney notary may not send legal business to lawyers for compensation.

C

A non-attorney notary may give legal advice if the advice is free.

D

A non-attorney notary may not say he has powers not given by New York law.

Correct Answer

C. A non-attorney notary may give legal advice if the advice is free.

Detailed Explanation

Free legal advice is still legal advice. In the booklet’s "Professional Conduct" section, a non-attorney notary may not give advice on the law, may not split fees with lawyers, may not solicit legal business for compensation, and may not claim powers not granted by law. Not to be confused with explaining the notarial act itself, which is different from advising on legal rights.

Misconduct & Prohibited Acts Question #126
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