A New York notary public, who is not an attorney, offers to draft a will for a client and gives the client advice about how to structure the estate plan. Under the source material, which statement best describes this conduct?
Drafting wills and giving legal advice without being an attorney is illegal in New York.
This is correct because the source states that practicing law, giving legal advice, and drafting legal documents, including wills, are all considered law practice. It further states under Judiciary Law §485 that violating §484 and related unauthorized-practice provisions is a misdemeanor.
Notaries cannot draft wills or give legal advice; this is unauthorized practice of law.
Non-lawyers cannot draft wills or give legal advice, regardless of client acknowledgment.
Explanation
The source states that practicing law, giving legal advice, and drafting legal documents, including wills, are all considered law practice, and it is illegal if the person is not a lawyer. The material also summarizes Judiciary Law §485 as: do not practice law, give legal advice, or advertise as a lawyer if you are not a lawyer, and provides that violations of §484 and related sections are misdemeanors.