Illinois Notary Primer Practice Exam

In which scenario is it appropriate for a notary to offer legal advice?

1. When asked by a familiar client

2. When the client has questions about the notarization process

3. It is never appropriate

4. When the notary is also a licensed attorney

The correct answer is: It is never appropriate

A notary public is primarily an impartial witness to the signing of documents and is not authorized to provide legal advice. The role of a notary is to prevent fraud in the notarization process and to verify the identity of the signers, rather than to interpret the law or provide guidance on legal matters. In the scenario where a notary is asked for legal advice, regardless of the context (whether it's from a familiar client or inquiring about the notarization process), the notary should refrain from giving such advice unless they also hold a law license. This is because providing legal advice could lead to liability issues and misunderstandings regarding the notary's qualifications. Even a notary who is a licensed attorney should be cautious in distinguishing their roles; while they are allowed to provide legal advice in their capacity as an attorney, that is separate from their responsibilities as a notary. Maintaining this boundary ensures that the integrity of the notarization process is protected and that individuals seeking legal guidance receive it from a qualified legal professional.