Unauthorized Practice of Law Flashcards
7 cards from real MS NOTARY practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Unauthorized Practice of Law flashcards as text
A signer asks a Mississippi notary whether they should use a quitclaim deed or a warranty deed. What should the notary do?
Answer: Refer the signer to a licensed attorney
Advising which legal document to use constitutes legal advice, so the notary must refer the signer to a licensed attorney.
Which of the following may a Mississippi notary who is not an attorney lawfully do?
Answer: Complete notarial certificate wording selected by the signer
A non-attorney notary may complete certificate wording chosen by the signer but may not draft documents, explain legal effects, or choose the notarization type for the signer.
A non-attorney Mississippi notary advertises notarial services in Spanish. What statement is generally required to avoid misleading the public?
Answer: A disclaimer that the notary is not an attorney and cannot give legal advice
Because 'notario publico' implies attorney status in many Latin American countries, non-attorney notaries advertising in another language must disclaim that they are not attorneys and cannot give legal advice.
A customer brings an incomplete contract and asks the notary to fill in the missing terms before notarizing. The notary should:
Answer: Decline to fill in the terms and refuse to notarize an incomplete document
Supplying substantive terms to a legal document is unauthorized practice of law, and notarizing an incomplete document is also prohibited.
What is a likely consequence for a Mississippi notary found to have engaged in the unauthorized practice of law?
Answer: Suspension or revocation of the notary commission and possible criminal penalties
Unauthorized practice of law can result in commission suspension or revocation, civil liability, and criminal prosecution.
A signer asks the notary, 'Does this affidavit mean I give up my property rights?' The proper response is:
Answer: "I cannot interpret the document; please consult an attorney."
Interpreting the legal meaning or effect of a document is legal advice reserved for licensed attorneys.
Which activity is permitted for a Mississippi notary employed as a paralegal?
Answer: Notarizing documents prepared under a supervising attorney's direction
A paralegal-notary may notarize attorney-prepared documents but may never independently give legal opinions or advice.