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