LEO: Attorney as Witness - Notarization  LE Op. 1006

 

Attorney as Witness - Notarization.

 

November 24, 1987

 

You wish to know whether it is improper for an attorney who represents a

party in a divorce case, which attorney is also a notary public, to

witness and notarize the signature of the client to a separation

agreement.

 

 LE Op. 742 is dispositive of your inquiry. That opinion states, in

pertinent part, that "it is not unethical per se for a lawyer to notarize

his client's signature so long as there is no probability that the lawyer

will be a witness in regard to the notarized signature." (emphasis added).

 

Committee Opinion November 24, 1987