The Document Services Counter
Tasha is commissioned through March 2028. She works the front counter at a Kansas City business that offers check cashing, money transfers, and document services. Her employer advertises in Spanish: 'Notario Publico - preparacion de documentos, traducciones, y ayuda con inmigracion.' During one week a customer asks Tasha to fill in the blank name and dollar amount on an affidavit she will sign and to tell her which immigration form to file. Tasha's brother then asks her to notarize their mother's signature on a deed that names Tasha as a grantee. Later a customer pays Tasha $10 for a jurat, and another customer asks her to notarize a copy of a birth certificate.
1. Identify each violation in this week's work.
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At least five separate problems:
- Filling in blanks and choosing or advising on the immigration form is unauthorized practice of law. A notary may not draft, complete, or select documents, or tell a customer which form to file, even when the customer asks.
- The 'Notario Publico - preparacion de documentos... ayuda con inmigracion' advertising is prohibited. Missouri restricts notaries from advertising in a way that implies they can provide legal or immigration services, and 'notario' reads as 'attorney' to many Spanish-speaking customers.
- Notarizing her mother's signature on a deed that names Tasha as grantee is barred because Tasha has a direct beneficial interest in the transaction and is effectively a party to it. That conflict alone disqualifies her.
- Charging $10 for a jurat exceeds Missouri's $5 limit per notarial act.
- Notarizing a copy of a birth certificate is improper: a notary may not certify copies of public or vital records.
2. What consequences can follow for Tasha and for the business?
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These are not technicalities. The Secretary of State may investigate, refuse to renew, suspend, or revoke her commission, and may impose civil penalties. Customers who relied on her document advice or on the bad notarization can sue her personally, and a judgment may reach her bond. Unauthorized practice of law is independently actionable and can carry criminal exposure. Overcharging and certifying a public record are statutory violations even if nobody complains. Because she performs notarizations under the business's banner and its advertising, the employer's 'notario' marketing can be imputed to her and can drag the business into the same investigation.
3. What should Tasha do now?
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She should stop the practices immediately. She should tell her employer in writing that the 'notario' advertising must come down, post the $5 maximum fee and a notice that she cannot give legal advice or choose documents, and refer immigration questions to a licensed attorney or a DOJ-accredited representative. She should refund the $10 overcharge, retrieve or void the birth certificate copy, and decline the deed with a clear explanation to her family. She should also document each refusal rather than simply going quiet. If the Secretary of State opens an investigation, she should cooperate and keep copies of everything, including the employer's advertising.