Help for Notaries to Avoid Unauthorized Practice of Law

by  Victoria Ring---Bio

I would like to remind notaries in all of the U.S. states that they should not use their notary commission to practice law or perform other services not authorized by their notary statutes.  Performing services, which are not authorized by your state, could result in several types of penalties and sanctions.

In many states a notary may lose their notary commission, face prosecution by the state and the bar association for the Unlawful Practice of Law and they may also be sued in civil court by the aggrieved party for damages caused by the improper or illegal actions committed while serving as a notary.

Do not let this happen to you.  Learn your state’s laws and only do what is authorized in your state.

Below is an excerpt that I found.  Please read the list as it is a common problem in many states. In fact, authorities are taking strong measures to put a stop to these fraudulent activities in the immigrant communities.

10.17.2006
From an article written by Marc B. Geller

A Texas Notary faces up to $20, 0000 fine for misconduct.

A Texas notary deceptively used her notary public status to defraud Latino customers out of hundreds of dollars, according to a civil suit filed in a Starr County district court.

Texas law specifically prohibits a notary public from providing immigration services unless he or she is a licensed attorney.

The lawsuit seeks fines of up to $20,000 for each violation of the Deceptive Trade Practices Act, or DTPA, and requests a temporary restraining order on the grounds that Rodriguez’s continued operation "will have dire legal consequences and prejudice the legal rights of persons seeking benefits under U.S. immigration laws."

The suit adds that Rodriguez’s customers "will lose immigration benefits to which they are otherwise entitled and subject them to apprehension, detention, or immediate deportation, or expose them to criminal liability as a result of her unqualified legal services and/or advice in immigration matters."

"That’s why this scam is very successful," Madrigal added. "It preys on people who usually don’t come forward to report these types of violations to the authorities for fear deportation."

The lawsuit claims Rodriguez, a Texas commissioned notary public since 1994, charged from $20 to $650 for services that included interviewing customers to determine eligibility for immigration benefits, providing advice and gathering and storing documents.

Scam artists have long exploited the misunderstanding between the term "notary" and the similar-sounding Spanish term notario, which is commonly used in Latin America to refer to highly specialized attorneys.

A Texas notary public is primarily charged with witnessing a person sign legal documents; however, in Mexico, a notario publico is much like an attorney in the United States, licensed to offer legal counsel and to represent citizens in legal matters.