LEO: Notary/Attorney - Notarizing Affidavits, LE Op. 626
Notary/Attorney - Notarizing Affidavits, Property Settlement
Agreements, Sworn Pleadings or Other Documents for
Clients or Adverse Parties.
November 13, 1984
Under the provisions of DR:5-101(B) and DR:5-102(A) of the Virginia
Code of Professional Responsibility, effective October 1, 1983, as well as
§ 47.1-30 of the Code of Virginia (1950), as amended, and LE Op. 382
and LE Op. 499, it is improper for an attorney who is a notary public to
notarize property settlement agreements, affidavits, sworn pleadings, or
other documents for a client or for adverse parties. Specifically, it is
ethically improper for an attorney to represent one of the parties in a
divorce action and to serve as the notary public to the signatures of both
parties to a property settlement agreement.
Committee Opinion November 13, 1984