Unless a notary is also a licensed attorney, he may not give legal advice or accept fees for legal advice. Case law has established what a non-lawyer can provide as legal services (Fla. Bar v. We the People Forms & Serv. Ctr. of Sarasota, Inc., 883 So. 2d 1280). There is nothing prohibiting a non-lawyer notary from selling blank legal forms, from typing in legal forms completed by a client, from selling general printed legal information, or from selling their own notarial services. What a notary can not do is advise a client as to what type of notarization is necessary, make changes to documents prepared by clients, or explain documents to clients.
Of course, notaries who work as a paralegal or legal assistant, under the supervision of an attorney who is a member of the Florida Bar, are free to draft or explain documents under attorney supervision. However, when a notary-paralegal drafts documents, they are doing so in their capacity as a paralegal, and not as a notary. Similarly, notaries employed by title agencies may frequently draft real estate closing documents and explain those documents to clients.
Showing posts with label Unauthorized practice of law. Show all posts
Showing posts with label Unauthorized practice of law. Show all posts
Saturday, April 10, 2010
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