The Mobile Notary Who Gives Legal Advice
Raymond Ortiz is a Nevada notary and licensed insurance producer in Henderson. He runs a mobile business called 'Desert Notary & Legal Docs.' His website says: 'We prepare powers of attorney, wills, trusts, and immigration affidavits. Notary $15 per signature; legal advice $75/hour.' On April 2, he meets a client, Mrs. Chen, at her home. She wants a durable power of attorney naming her son. Raymond chooses a form from his laptop, fills in the son's name as agent, and tells Mrs. Chen that a durable POA is better than a springing POA 'because probate is expensive.' He notarizes her signature and charges $15. Later that week, Raymond notarizes a deed transferring his own rental property to his LLC; he signs as grantor and also completes the notarial certificate as notary. He charges $25 for that act and tells the lender that his notary stamp 'makes it legal.'
1. Identify each prohibited act or unauthorized practice in Raymond's conduct.
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Raymond is not acting as a notary; he is selling legal services. Selecting a power of attorney form, filling in the agent's name, and advising Mrs. Chen that a durable POA is better than a springing POA is legal advice and document preparation for another person. Unless he is a licensed attorney, that is unauthorized practice of law. His website advertisement of wills, trusts, and immigration affidavits compounds the problem. He also charged $15 and $25 for notarial acts when Nevada caps the fee for a notarial act at $10. Most seriously, he notarized his own signature on a deed transferring his property to his LLC, a transaction in which he has a direct beneficial interest. A notary cannot notarize his own signature or a document in which he is a party or beneficiary. Finally, telling the lender that the stamp 'makes it legal' misrepresents what notarization does.
2. What sanctions and collateral consequences can Raymond face?
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The Secretary of State can investigate and discipline Raymond's commission, including suspension, revocation, refusal to renew, a civil penalty, or required corrective action. Because the fee cap and self-notarization prohibitions are statutory, violations can also carry criminal exposure and civil liability to affected parties. His conduct may be referred to the State Bar as unauthorized practice of law, and his insurance producer license could be reviewed separately if the conduct involves insurance clients. The deed may be challenged, and the lender may suffer damages. Raymond should stop advertising legal services, stop preparing documents for others, refund excess fees, and not notarize any transaction in which he has an interest. A notary commission is not a license to practice law.