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Misconduct & Prohibited Acts

Which statement best describes a non-attorney notary who chooses an immigration form for a customer?

A

That is permitted if the customer signs a waiver.

B

That is permitted if the advice is given in another language.

C

That is improper because giving legal advice is prohibited to a non-attorney notary.

D

That is proper if no notarization fee is charged.

Correct Answer

C. That is improper because giving legal advice is prohibited to a non-attorney notary.

AI Explanation

Legal advice remains off-limits. In the booklet’s "Professional Conduct" section and under Judiciary Law §§484-485, a non-attorney notary may not give advice on the law. For contrast, Executive Law §135-b regulates foreign-language advertising and disclaimers, but the disclaimer does not authorize the non-attorney notary to provide the legal advice in the first place.

Misconduct & Prohibited Acts Question #150
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