Which one of the following is not an act that constitutes the unlawful practice of law?
Preparation and drafting of legal documents is considered the practice of law.
Government Code section 8227.1 targets conduct such as falsely holding oneself out as a notary public or performing notarial functions without authority; it does not convert a lawful notarial duty into the unauthorized practice of law. Completing a certificate of acknowledgment is one of the statutory notarial acts authorized by Government Code section 8205, so it falls within the notary’s ministerial role rather than legal advice or legal document preparation.
Providing general information about legal documents is not considered unlawful practice of law.
Selection of legal documents can be lawful if done by a licensed attorney.
Explanation
Completing a certificate of Acknowledgment is a notarial act, not an act that constitutes the unlawful practice of law. Government Code section 8227.1 makes it a misdemeanor for a person who is not a notary public to “purport to act as a notary public,” while Probate Code section 4307 states that “A copy of a power of attorney may be certified by” a notary public.