   | Welcome to the Notary Talk General Discussion Forum. Before posting, please read the  |
| You are replying to this message: | | |
Posted by VT_Syrup on 3/30/22 10:05am
We only have JustANotary's summary of the call to the secretary of state's office to go by, so we don't know on what basis a $10,000 fine might be imposed.
When thinking about unauthorized practice of law (UPL), we need to think of various ways non-lawyers conducting legal affairs, some of which are unauthorized and some of which are authorized.
1. Individuals conduct their own legal affairs. This is almost always lawful.
2. A non-lawyer represents another person in court for pay. This is almost always UPL.
3. Government officials carry out the duties that are spelled out in the law. This is almost always lawful.
4. Non-lawyer who have a professional license from the state practice their profession. For example, accountants go to IRS audits with their clients, or architects represent clients at zoning board meetings.
In most cases, I think notaries filling out acknowledgement certificates fall in the category of government official carrying out their duties. Even if a notary interprets the notary law incorrectly, it isn't UPL because it is the notary's duty to read the notary law and follow it to the best of the notary's ability.
Choosing which notarial act to perform, on the other hand, is not a notarial duty so notaries who did that would not be protected from UPL charges. It would depend on other laws to determine whether UPL occurred or not. |
|
