A few days ago I was approached by a law firm to notarize a seller package. They had agreed to my fee of $250. Once I received the documents all five notarial acts did not comply with my FL state requirements. The seller package was being filed in the state of SC, so the title document required two witnesses. I addressed the non compliance certificates and they authorized the use of FL loose certificates. Here’s where things hit the “fan”, the law firm wanted me to act as one of the witnesses. I respectfully clarified that my role is limited to performing notarial acts within my official capacity and not as a private citizen. I offered to bring a witness with me, as long as the law firm would compensate the individual accordingly. The lawyer stated, they do not compensate witness, that they would find another LSA to handle the order. So we agreed to part ways. In this business, there are so many potential landmines that can turn around and explode. Yes, in Florida a Notary Public and act as a witness as long as they are not notarizing their own signature. But there are other potential legal consequences when a Notary Public choose to act as both the public official and private citizen. " A Notary Public who chooses to act as both a public official and a private citizen may face several legal consequences:
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Notary Misconduct: Violating laws or ethical standards can lead to penalties, including fines or disqualification. ](Understanding Notary Misconduct and Penalties)
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Invalid Notarizations: Proceeding with notarizations despite known conflicts of interest can result in the notarization being declared invalid by a court, voiding the document. (What Constitutes a Notary Conflict of Interest? - LegalClarity)
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Liability for Financial Injuries: Notaries face full and unlimited liability for any financial injuries resulting from their faulty performance of official acts.(Common Notarial Errors and Consequences - Rhode Island - Gregg M. Amore)
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Negligence Liability: If a Notary Public negligently makes a defective or untrue certificate, they may be liable for damages resulting from such acts. (Notary Liability: Myths Vs. Facts | NNA)
These consequences highlight the importance of maintaining clear boundaries between personal and official responsibilities."
" What Happens When a Notary Public Chooses to Act as Both a Public Official and a Witness
When a Notary Public chooses to act as both a public official and a witness, they may face several legal and ethical implications. The primary concern is the potential for a conflict of interest, as the notary’s impartiality is essential for ensuring the integrity of the notarization process. If the notary is involved in the transaction, they may be perceived as having a personal stake in it, which could undermine their role as a neutral third party. This situation can lead to legal challenges, as notaries are required to uphold the law and not discriminate against customers based on any valid reason.
In some states, there are specific statutes that restrict a notary from also acting as a witness, while in others, the rules are more flexible. It is crucial for notaries to be aware of their state’s laws and to avoid any actions that could compromise their impartiality. If a notary finds themselves in this situation, they should consult with legal counsel to understand the implications and ensure compliance with state regulations. (Can a Notary Public Also Be a Witness? - LegalClarity) legalclarity.org"
When a law firm demonstrates disregard for my decision to decline acting as a witness or in a private citizen capacity during the notarization process, it sends a clear and concerning message that they lack respect for my professional boundaries and, ultimately, do not prioritize my best interests or the integrity of the notarization process itself. When a law firm expresses the sentiment that they can easily replace me with another Notary Public or Signing Agent, stating something along the lines of, “We’ll just find another Notary Public/LSA to do the assignment,” it reveals a concerning lack of appreciation for professional standards, personalized service, and the specific expertise that each notary brings to the table. This dismissive attitude not only devalues my time and experience but also raises questions about their commitment to upholding the integrity and ethical conduct expected within the notarization process. It’s essential to prioritize the long-term health and sustainability of my business, even if it means declining lucrative opportunities that don’t align with my values, expertise, or operational standards. I am firm in my belief that walking away from assignments, even those offering high fees, is sometimes the most prudent and ultimately profitable decision. These situations allow me to focus on building a sustainable business based on strong relationships, ethical practices, and a commitment to providing high-quality service that meets the specific needs of my clients and aligns with my professional goals.
Hear! Hear! 