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