Most attorneys are also Notaries, however there are many, many Notaries out there who do not hold law degrees - but act like they do! It is very important that a non-attorney Notary Public know their limits to avoid getting themselves into legal hot water, and possibly jail!
Penalties for engaging in the unlicensed practice of law in the State of Florida, can be a fine and jail time - not to mention the loss of your notary appointment.
As far as documents and legal forms are concerned - as a non-lawyer notary, you may not prepare any legal documents. You can sell standard, pre-printed legal forms, but you may not complete them for a customer, nor may you give any advice as to how they should complete the form. Even if you know the customer (or friend) very well, you can't give advice, or correct their mistakes. You are allowed to type information on the form that they have written down themselves.
The Florida Supreme Court approved several types of forms to be used by individuals or attorneys. Basically, they are simple forms related to family law or residential leases. The only things you can talk to your customer about in regard to the forms, is what factual information the form is requiring (which is usually on the form anyway), such as name, dates, county of residence, etc. You cannot explain or give advice about remedies or legalities.
The best thing to do when confronted with an insistant customer, is to explain that you do not have a license to practice law and that for their own protection, they should speak with an attorney who is knowledgable about the specific area of law they are dealing with(and possible recent changes)they are - a good reason to be familiar with various attorneys in your area.
Sunday, November 25, 2007
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