If you have a trust amendment and the attorney who made up the trust also acts as the notary, Is this a conflict of interest or

Asked almost 3 years ago - San Francisco, CA

is this usual and customary practices.

Attorney answers (5)

  1. Michael Charles Doland

    Contributor Level 20

    13

    Lawyers agree

    Answered . Norarization would not be permitted if the attorney was a beneficiary. Many attorneys are also notaries for the convenience of their clients, and there is no conflict of interest in notarizing a signature on a document prepared by an attorney for the benefit of a client.

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
  2. L Christopher Arvin

    Contributor Level 13

    11

    Lawyers agree

    Answered . Clearly there is not. This is a service provided by the attorney, sounds like at no cost, as a courtesy to his client.

    Attorney may also be a witness to signing of a Client's Will.

    Is there something that did not get typed into the question?

  3. Paul A. Smolinski

    Pro

    Contributor Level 17

    11

    Lawyers agree

    Answered . I guess that three strikes ......

    As the previous two attorneys state there is no legal or ethical reason that the attorney can not act as a notary unless he is either named in the document as a trustee or beneficiary.

    Have a nice day!

    Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his... more
  4. Charles Adam Shultz

    Contributor Level 19

    6

    Lawyers agree

    Answered . It is very common in California for the drafting attorney to act as the notary of the trust and even serve as a witness to the execution of the will.

    The notary's duties is to certify that the person who was supposed to sign the document actually signed the document.

    The general advice above does not constitute an attorney-client relationship: you haven't hired me or my firm or... more
  5. Rachel Mary Campagna

    Contributor Level 8

    4

    Lawyers agree

    Answered . There would only be a problem if the attorney was a beneficiary to the trust. Otherwise, it is a courtesy service many attorney offices offer. A notary will typically charge $10 a signature in CA.

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