Vol.75, No. 6, June
2002
Notary Public Duties Notary Public Title Incurs Responsibility
Take this true-false quiz to test your knowledge
as a notary public.
by Ann Massie Nelson
Ann Massie Nelson is a
regular contributor to Wisconsin Lawyer and communications
director at Wisconsin Lawyers Mutual Insurance Co.
NEXT TIME YOU AFFIX YOUR SEAL AS notary public, pause to think about
your responsibility as a public official.
"Lawyers can get into trouble when they take their notary public
duties for granted or bend the rules to accommodate clients' wishes,"
says Sally E. Anderson, director of risk management and claims at
Wisconsin Lawyers Mutual Insurance Co. (WILMIC).
Two recent claims illustrate how a seemingly simple act can lead to
an ethics complaint or malpractice claim. In one incident, a lawyer
notarized a deed for a couple buying real estate. When the couple later
wanted to void the deed, they started looking for possible loopholes.
They discovered that the lawyer was not registered as a notary public
with the Wisconsin Secretary of State. The lawyer learned - to his
chagrin - that the law firm where he began his career many years ago had
supplied him with a notary seal but never submitted his application for
a permanent commission as a notary public.
"Ironically, had the lawyer authenticated the deed instead of
notarizing it, the deed would have been in appropriate, recordable form.
Instead, the deed does not meet the requirements for recording and the
lawyer is in trouble," Anderson says.
In the second situation, a client asked the lawyer to notarize a
second mortgage to pay for home remodeling that was already in progress.
The client claimed his wife signed the document at home because she
could not come to the law firm that day.
As a favor to the client, the lawyer notarized both signatures on the
mortgage. He later learned that the client and his wife were separated
and her signature had been forged. The bank subsequently sued the
lawyer, whose malpractice insurance did not cover the claim because the
lawyer intentionally violated the rules.
How well do you know the rules for attorney-notaries public? Take
Anderson's true-false quiz and find out.
True or False?
Q. 1 ____ You automatically became a notary public when you were
licensed to practice law in Wisconsin.
Q. 2 ____ If you do not know the person signing a document, you must
check the signer's identification.
Q. 3 ____ You must use a notary seal when you notarize a
document.
Q. 4 ____ You must cite your county of residence when notarizing a
document.
Q. 5 ____ You can notarize a transcript of a client's deposition in
Minnesota.
Q. 6 ____ A signer must appear before you in person for you to
authenticate his or her signature.
Q. 7 ____ An acknowledgment must be signed in your presence.
Q. 8 ____ An oath or affirmation must be both sworn to be true and
signed in your presence for you to notarize it.
Q. 9 ____ If your home address changes, you must notify the Secretary
of State in writing within 10 days.
Q. 10 ____ Only documents relating to lands in Wisconsin can be
authenticated.
Q. 11 ____ If you authenticate a document you know is false, you can
be liable for resulting compensatory and punitive damages.
Q. 12 ____ When you apply as a permanent notary public, you must
present evidence of a surety bond.
Q. 13 ____ Your lawyers professional liability insurance policy will
cover your notary public activity.
Q. 14 ____ You may notarize your spouse's signature.
Q. 15 ____ You may charge your minimum consultation fee for
notarizing a document.
Answers
Q. 1 False. You must submit an application to the Wisconsin Office of
the Secretary of State. Licensed attorneys may apply for permanent
commissions.
Q. 2 True. Two forms of identification that show the signer's name,
address, signature, and photograph are ideal.
Q. 3 True. Include your official notarial seal or stamp every time
you notarize a document.
Q. 4 False. The county where the notarization took place - not the
county where you live or practice - needs to be shown on the
document.
Q. 5 False. Even if the document will be used in Wisconsin, you
cannot notarize documents out of state. "Your notary public commission
ends when you cross the border," Anderson notes.
Q. 6 False. If the lawyer knows the person's signature, the person
does not have to be present for the lawyer to authenticate his or her
signature. Authentication - as opposed to notarization or acknowledgment
- applies only to documents relating to lands in Wisconsin.
Q. 7 False. The signer must be present when you acknowledge the
signature, but the act of signing can take place elsewhere. The person
must state that the signature is his, that he knows the nature and
purpose of the document, and that he is signing voluntarily.
Q. 8 True.
Q. 9 True. Note that the application for a permanent notary public
commission asks for your home street address, not your law firm address
or post office box.
Q. 10 True. See Wisconsin Statute section 706.06.
Q. 11 True. Compensatory and punitive damages can be imposed in
addition to any civil or criminal penalties.
Q. 12 False. Licensed attorneys applying for permanent commissions do
not need to be bonded. Other applicants must have a $500 surety
bond.
Q. 13 Probably true. See the definition of "professional services" in
your lawyers professional liability insurance policy. Most policies
include acting in your capacity as a notary public.
Q. 14 True. You may notarize family members' signatures, although you
could be inviting closer scrutiny if questions about the documents
arise.
Q. 15 False. According to state law, you may charge no more than 50
cents per document for notarization. If your minimum consultation fee is
more than 50 cents and you do nothing more than notarize a document, you
could be violating the rules.
For More Information
To learn more about notary public responsibilities and to read sample
scripts for notarial ceremonies, download the "Notary Public Information
Brochure" available on the Office of the Secretary of
State Web site. Call the Secretary of State's office at (608)
266-5594 to request a copy of the brochure and to verify your
registration as a notary public.
An article about confidentiality of notary journals, "Protecting
the Privacy of Notary Public Records" by Michael L. Closen and
Trevor J. Orsinger appeared in the April 2002 Wisconsin
Lawyer.
Wisconsin
Lawyer
