Can a lawyer who is also a notary public notarize documents, such as affidavits and pleadings, for use in legal proceedings in which the lawyer appears as counsel?

Plain-English summary

The inquiry arose from the repeal of G.S. §47-8, which had prohibited attorneys holding the office of notary public from administering "any oaths to a person to a paper writing to be used in any legal proceedings in which he appears as attorney." It asked whether, after the repeal, any ethical impediment remained to a lawyer acting as a notary in that capacity.

The opinion concluded that none did. In Ethics Opinion 354, decided under the former Canons of Ethics, the council had generally ruled that an attorney acting as a notary could notarize documents he drew in his capacity as an attorney. In the later Ethics Opinion 801, also under the Canons, the scope of Ethics Opinion 354 was limited in recognition of the then-existing G.S. §47-8, so that attorneys were ethically prohibited from administering oaths on paper writings such as complaints, answers, or affidavits to be used in proceedings in which the attorney appeared of record. Because the statute has since been repealed and there is no other compelling justification for the restriction, the opinion held it is now permissible for an attorney to notarize documents for use in legal proceedings in which the attorney appears.

Currency note

This opinion was issued in 1992, before the North Carolina State Bar's adoption of the 2003 revisions to the Rules of Professional Conduct, and it turns on the repeal of a specific statute, G.S. §47-8. Subsequent rule amendments, statutory changes, or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules and statutes before relying on any specific requirement mentioned here.

Common questions

Q: Can a lawyer who is a notary notarize documents for a case in which the lawyer appears?

A: Yes. The opinion held there is no ethical impediment to a lawyer notarizing documents for use in legal proceedings in which the lawyer appears, following the repeal of G.S. §47-8.

Q: What had previously restricted lawyers from notarizing their own litigation documents?

A: The opinion explained that Ethics Opinion 801 had limited the practice in recognition of G.S. §47-8, which barred attorney-notaries from administering oaths on writings like complaints, answers, or affidavits used in proceedings where the attorney appeared of record.

Q: Why did the restriction end?

A: The opinion held that because the statute was repealed and no other compelling justification for the restriction remained, the limitation no longer applied.

Background and rules framework

The opinion did not rest on a numbered Rule of Professional Conduct. It traced the history of Ethics Opinion 354 and Ethics Opinion 801 under the former Canons of Ethics and tied the prior restriction to the now-repealed statute G.S. §47-8. The analysis turns on the disappearance of the statutory basis for the restriction.

Citations and references

Statutes:

• N.C. Gen. Stat. §47-8 (repealed) (formerly barring attorney-notaries from administering oaths on writings used in proceedings where the attorney appears)

Other opinions cited:

• North Carolina Ethics Opinion 354 (attorney-notary may notarize documents he drew as attorney)
• North Carolina Ethics Opinion 801 (limiting EO 354 in recognition of G.S. §47-8)

See also

• No sibling opinions yet indexed.

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/rpc-136/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Inquiry:

In light of the repeal of G.S. §47-8 which prohibited attorneys holding the office of notary public from administering "any oaths to a person to a paper writing to be used in any legal proceedings in which he appears as attorney," is there any ethical impediment to a lawyer's now acting as a notary public in that capacity?

Opinion:

No. In Ethics Opinion 354, decided under the former Canons of Ethics, the council generally ruled that an attorney acting as a notary public could notarize documents drawn by him in his capacity as an attorney. In subsequent Ethics Opinion 801, also decided under the Canons of Ethics, the scope of Ethics Opinion 354 was limited in recognition of then G.S. §47-8, and attorneys were ethically prohibited from administering oaths in regard to paper writings such as complaints, answers or affidavits which were to be used in legal proceedings in which the attorney appeared of record. Since the statute in question has since been repealed and there is no other compelling justification for the restriction, it is now permissible for an attorney to notarize documents for use in legal proceedings in which the attorney appears.