A California notary public who is not an attorney advertises services in Spanish and tells clients that she can help complete immigration forms because she is an immigration consultant. Which statement best describes the legal issue with this conduct?
Notaries cannot provide legal advice or services related to immigration forms, regardless of fees or language.
This is correct because Government Code § 8223 bars a notary from advertising in any manner whatsoever as a notary public if the notary promotes themself as an immigration specialist or consultant. Government Code § 8219.5 also requires a non-attorney notary advertising in a language other than English to post the prescribed notice in both languages, list statutory fees, and forbids translating "Notary Public" into Spanish as "notario publico" or "notario."
California prohibits notaries from providing legal advice or assistance with immigration forms.
Non-attorney notaries may advertise in any language but cannot provide legal advice or services.
Explanation
The conduct violates multiple rules. A non-attorney notary who advertises in a language other than English must post the prescribed notice in English and the other language stating the notary is not an attorney and cannot give legal advice about immigration or other legal matters, and must list the statutory notarial fees. In addition, the term "Notary Public" may not be translated into Spanish as "notario publico" or "notario." Separately, a notary public is barred from advertising in any manner whatsoever as a notary public if the notary promotes themself as an immigration specialist or consultant. Also, only an attorney, a DOJ-accredited representative, or a person registered with the California Secretary of State and bonded as an immigration consultant may assist a client in completing immigration forms.
— Government Code §§ 8219.5, 8223; Business and Professions Code § 22440
Memory Aid
SPANISH ad? Think "NOTICE, NO NOTARIO, NO CONSULTANT".