These summaries were prepared by McGuireWoods LLP lawyer Thomas E. Spahn. They are based on the letter opinions issued by the Virginia State Bar. Any editorial comments reflect Mr. Spahn's current personal views, and not the opinions of the Virginia State Bar, McGuireWoods or its clients. 
 
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  Topic: 65 - Lawyers Acting as Notaries
LEO NumTopicsSummaryDate
0499

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65-Lawyers Acting as Notaries

A lawyer may have the lawyer's partner notarize depositions. 10/1/1981
0742

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4-Witness-Advocate Rule

65-Lawyers Acting as Notaries

A lawyer may notarize a client's signature as long as there is no chance that the lawyer will be a witness about the signature; the lawyer's secretary may notarize the client's signature and the lawyer may notarize a non-client's signature. 1/20/1986
1006

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4-Witness-Advocate Rule

65-Lawyers Acting as Notaries

A lawyer may notarize a client's signature as long as there is no probability that the lawyer will be a witness. 11/24/1987
1512

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16-Lawyer's Personal Interests

27-Litigation Tactics (Including Misrepresentations, Tape Recordings)

65-Lawyers Acting as Notaries

A lawyer may notarize documents prepared by a partner (the Bar declines to indicate whether the lawyer or the partner may witness a will the lawyer prepares). 5/28/1993
0788

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65-Lawyers Acting as Notaries

73-Family Law Lawyers

A lawyer representing a party in a divorce case (even an uncontested case) may not also serve as Notary Public before whom depositions are taken, because the role of advocate is inconsistent with the neutral role of a Notary Public (who acts as a witness to the authenticity of the testimony). 5/1/1986
0626

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65-Lawyers Acting as Notaries

A lawyer who is a notary public may not notarize a client's affidavits, pleadings or other documents. 11/13/1984
0618

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65-Lawyers Acting as Notaries

A lawyer who is a notary public may not notarize affidavits or pleadings signed by the client. 10/15/1984

Copyright 2000, Thomas E. Spahn