What Does It Mean To Notarize Documents?
Notarization is a process where the notary confirms specific facts, including the identity of an individual. It seems a little antiquated these days, but it works to confirm the authenticity of signature of the person signing the document.
Notarization typically occurs when documents are signed, as a normal part of the signing process. A notary public will observe the signing and stamp the documents afterward. Although if the notarization is to authenticate a signature , notarization can occur after the execution of a document. Notarization can also be done through remote online notarization.
Typically, a notarized signature indicates that the person signing the document has confirmed their identity and is willingly executing the document. For instance, a judge cannot invoke the power of service of process without a proper signature for a summons when a complaint in a court case is filed. The Secretary of State’s office in each state usually serves as the licensing authority for notaries public.
The Difference Between Lawyers And A Notary
Both lawyers and notaries may seem like they perform similar functions, but the reality is that their job, qualifications, and respective responsibilities are entirely different. Notaries have a limited, albeit vital role in financial services and other commercial matters. Lawyers on the other hand perform a wide range of legal functions that are vastly more complex and the degree of their exposure to the law increases exponentially. Lawyers have received a significant amount of training in countless areas of the law. Unlike notaries, lawyers can also represent individuals in court proceedings and other legal matters.
For the purposes of this article, we will focus on notaries and banks specifically. While notaries can file with the government, banks are not permitted to do so as they are acting in a different capacity. When a bank refers to a "notary," this individual is likely a bank employee who has also qualified as a notary via the provincial Ministry of Consumer and Commercial Relations.
Both lawyers and notaries can notarize a document, however you generally need a lawyer to draft a document if you will require notarization. Notaries do not draft documents, give legal advice, or provide counsel to individuals in a legal proceeding. Legal advice must come from a lawyer.
Documents notarized by a lawyer do not have to be notarized again by a notary, unless the lawyer has notarized the document outside of Canada. Only Canadian notaries can notarize a document that will be used in Canada.
Are Lawyers Allowed to Notarize Papers?
Can Lawyers Notarize Documents?
Attorneys are not excluded from the lists of individuals who are authorized to notarize documents. Notarizations may be performed by a legal practitioner who is also an attorney subject to certain jurisdictional requirements. Some states provide restrictions on the types of notarial acts that an attorney may perform, and require an attorney to keep a separate logbook or register for their notarial acts. Note that some jurisdictions allow attorneys to notarize signatures only if the attorney is also commissioned as a notary. Because of the variance between jurisdictions, it is important to consult state statutes that govern notarization before undertaking notarization of a document.
Advantages Of Having Lawyers Notarize Papers
For some individuals, there may be a number of benefits to hiring a lawyer who will donate his or her time for the notarizing or witnessing of documents.
Chances are, one of the most appealing and convenient aspects of hiring a lawyer to meet your notarizing needs is the fact that the attorney you hire will often have a basic understanding of the law. This means that, unlike emailing an arbitrary stranger from Craigslist, individuals and couples considering having their wills or other documents notarized by a lawyer will likely already be familiar with his or her credentials, including their areas of expertise . Hiring a lawyer to help with these matters can therefore be a convenient way to save time and money on spending countless hours reading irrelevant blog posts about the law.
Another obvious benefit to using a lawyer as a notary public is that you can rest assured that your information will be kept confidential. For many who are understandably uneasy about deciding to hire a notary public, going with someone familiar to you can bring extra peace of mind.
Disadvantages/What To Watch For
Conflicts can arise if the lawyer has been retained to provide an opinion or analysis about the notarized document. Alternatively, where the document is or accompanies a will or other estate plan document, notarization may result in the lawyer’s involvement with the document triggering a duty to obtain a witness signature. In that case, notarization may actually introduce conflict between the client’s obligation to retain the lawyer (plus raise issues of delayed recordation) and the notarization. Finally, where the lawyer directly provides legal advice to the parties on the document to be notarized, the lawyer must inform the clients that his/her duties to maintain client confidences may preclude notarization.
How To Locate a Qualified Individual
If you decide to enlist the services of a lawyer to notarize a document of any sort, it’s important to find one who is reliable and qualified. Here are some tips on how to go about the process of finding a good match:
First, if all you need is a notary, you can start with a quick internet search. For example, the terms "certified notary public Santa Ana CA" will produce results for individuals or companies that appear to provide notary services. But if your needs are more complicated and you require the assistance of a lawyer who is a notary public, your safest best is to search for a lawyer first. In this case, the terms "lawyer Santa Ana CA" will generate a variety of options to choose from.
Next, there are several sites that can help you choose a high-quality lawyer, including Avvo.com. There, you can review information about specific lawyers in a variety of categories based on your needs, including location, background , reputation level and areas of specialty. Simply search for a lawyer in your area within the categories of trusts or estates (T&E) or family law, both of which include practitioners who are also notaries. Lawyers listed on Avvo.com have been rated on a scale from 1 to 10 in a variety of areas, including responsiveness, work ethic and professional conduct.
After doing this research, visit the websites of your top candidates. Read their bios and look for information about their qualifications to serve as a notary public, as well as consumer reviews of their services.
It’s also helpful to schedule an introductory meeting with your top candidates. This is an opportunity to ask them questions and obtain more information about the services they provide and their qualifications for meeting your needs. Finally, check the validity of your candidate’s notary public registration through the California Secretary of State website.
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