Notario Publico
Carlos runs a tax preparation shop in Queens and is a commissioned notary. His window sign reads “NOTARIO PUBLICO - Immigration Affidavits - $150.” A client asks Carlos to prepare an affidavit describing continuous U.S. residence for an immigration filing. Carlos types the affidavit, selects the wording, tells the client it is “what immigration wants,” has the client sign, administers an oath, stamps the jurat, and collects $150. The client personally appeared and showed a passport. Carlos has no law license and is not DOJ-accredited. He also tells the client he can “fix” any problem with the filing.
1. Identify the notarial and legal-practice problems in Carlos’s conduct.
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Carlos’s sign is misleading because “notario publico” suggests he is an attorney; New York notaries are not lawyers and cannot use the title to imply legal authority. Drafting the affidavit, selecting its wording, and advising on immigration are unauthorized practice of law because Carlos is neither a licensed attorney nor DOJ-accredited. A notary may administer an oath and complete a jurat for a client-prepared affidavit after personal appearance and identification, but cannot prepare the document or give legal advice. His $150 charge also exceeds the $2 notarial fee.
2. What should Carlos have done, and what discipline or penalties can follow?
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Carlos should have declined to draft or advise on the affidavit and referred the client to a licensed attorney or DOJ-accredited representative. If the client brought a completed affidavit, Carlos could verify appearance and identity, administer the oath, complete the jurat, and charge no more than $2. His conduct can lead the Secretary of State to suspend or revoke his commission and impose penalties. Unauthorized practice and misleading “notario” advertising can also lead to civil or criminal action.