LEO: Conflict of Interest - Attorney as  LE Op. 788


Conflict of Interest - Attorney as Notary

Public - Divorce Depositions.


May 1, 1986


It is improper for an attorney who represents the plaintiff in a divorce

case, even an uncontested divorce, to also serve as notary public before

whom the depositions are taken. It is the opinion of the committee that an

attorney is an advocate for his client during litigation and that an

attorney who notarizes deposition testimony is a witness to the

authenticity of the testimony. Therefore, it would be inconsistent with

the function of a notary public as an independent agent of the

Commonwealth to allow an attorney in a divorce case to serve as notary

public before whom deposition is taken. [ LE Op. 742]


Committee Opinion May 1, 1986