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 What type of notarization to do for a client?
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jbelmont

California
3106 Posts

Posted - 05/02/2010 :  8:40:22 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
Q. If the client asks what type of notarization to get: i.e. an acknowledgement, jurat, oath, etc., what should the notary say?

A. A non-attorney notary may not practice law, and advising what type of notarization to do is practicing law. The notary must leave the decision to the baffled signer who has no idea. You can refer your client to an attorney. Of course at $400 for the first hour and $350 for additional hours to notarize a simple form, the signer may not be interested.

It doesn't seem illegal to mention that many of your "other" clients chose a Jurat in this instance since it included an oath, or that documents sent to the county recorder for recording are usually acknowledgments. Leave the choice to the signer or document custodian, but you can mention what others normally do just as long as you don't phrase it as advice.

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