LEO: Notary/Attorney - Notarizing Affidavits  LE Op. 618

 

Notary/Attorney - Notarizing Affidavits or Sworn Pleadings.

 

October 15, 1984

 

It is improper for an attorney who is qualified as a notary public in

Virginia to notarize affidavits or sworn pleadings for a client of the

attorney/notary. DR:5-101(B), DR:5-102(A) and LE Op. 382 contain

certain prohibitions against accepting or continuing representation when

an attorney may become a witness. While there are exceptions to that

prohibition, an abundance of caution requires that counsel should not

subject himself to the possibility of being called as a witness in regard

to an affidavit or sworn pleading notarized by him acting in his capacity

as an authorized notary public in Virginia.

 

Committee Opinion October 15, 1984