Why can attorneys notarize their clients’ documents. Is this a conflict of interest?

Law Related
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In CA it is illegal for a notary to notarize a document where they would have a financial gain or interest when dealing with a family document. Why then is it allowed for an attorney to notarize documents generated by their client’s work which in turn they get paid. Couldn’t this be a possible conflict of interest. I know it’s not a family document but… Just curious, the conversation came up recently with a colleague so I thought I would send it up the old notary café flagpole and see what fly’s

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Personally, I just pay attention to my own rules, I don’t worry about rules for attorneys.

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Financial institutions, corporations, and law firms are allowed to notarize documents for their customers involving transactions. These organizations usually have employees that are commissioned Notaries to perform the notarization for the customers. In Florida the statutures states, “a notary public who is an employee may notarize a signature for his or her employer, and this employment does not constitute a financial interest in the transaction nor make the notary a party to the transaction under this subsection as long as he or she does not receive a benefit other that his or he salary and the fee for services ans a notary public authorized be law. For purposes of this subsection, a notary public who is an attorney does not have a financial interest in and is not a party to the underlying transaction evidenced by a notarized document if he or she notarizes a signature on that document for a client for whom he or she serves as an attorney of record he or she has no interest in the document other than the fee paid to him or her for legal services and the fee authorized by law for services as a notary public.” FL. Stat. 117.107(12)." So based on that statute, they have other standards to follow.

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Attorney’s are Officers of the Court, meaning they carry more legal authority than a notary. Many states grant attorneys privileges we mere notaries don’t have.

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I prepare legal documents and notarize them. My name is not on the document. That is what they mean by financial gain. I cannot notarize a deed if my name is on the deed.

Hope that helps.