There is nothing inherently illegal about an attorney being a notary, and vice-versa.What is the name of your state (only U.S. law)? Arizona
It is not inherently illegal.In a divorce husband hires an attorney whom is also a notary. Attorney drafts a lengthy settlement agreement including 9 warranty deeds and a default dissolution. Wife has no counsel because husband threatened her. Wife signs all the documents and husbands attorney’s office and attorney acts as notary for both client and his wife. Is it illegal for the notary to notarize documents that they drafted and have their law firm and their name which they received personal financial gain in doing so?
While not inherently illegal based on the two links provided on this thread I do believe that this particular attorney violated the rules. I would not notarize anything where I was going to receive a benefit, no matter how small.It is not inherently illegal.
I agree about not notarizing anything whereby I received a benefit, but what benefit do you think the attorney received by this? Just being paid to represent one person or the other doesn't count.While not inherently illegal based on the two links provided on this thread I do believe that this particular attorney violated the rules. I would not notarize anything where I was going to receive a benefit, no matter how small.
Quincy - I don't see how you come to that conclusion. Would you care to expand on it?Here is a link specific to Arizona. See page 13 of the notary manual for prohibited conduct:
http://www.azsos.gov/sites/default/files/notary_manual_and_cover_march_2018_03.pdf
The attorney should not have notarized the documents.
He is getting paid to do what is in the best interest of his client. I believe its improper. I would not notarize anything that I prepared.I agree about not notarizing anything whereby I received a benefit, but what benefit do you think the attorney received by this? Just being paid to represent one person or the other doesn't count.
Not really.Quincy - I don't see how you come to that conclusion. Would you care to expand on it?
Fair enough - and I agree with you insofar as saying that I wouldn't do it either. It is not, however, improper in every instance, and I don't believe it's improper in this instance.He is getting paid to do what is in the best interest of his client. I believe its improper. I would not notarize anything that I prepared.
As far as the notarization is concerned, he sure can be.Not really.
The attorney for the husband is not impartial.