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
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