[blindlaw] Re Witnessing documents as blind lawyer

Wed Aug 1 02:17:21 UTC 2012

The following are links to sections of California Codes that address the 
duties and requirements of notaries. While nowhere in these requirements 
does it say that sight tis required there would be subsequent grounds to 
challenge the credibility of the notary.

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=7845697043+2+0+0&WAISaction=retrieve
in the second link refer specifically to Section 1185 of the California 
Civil code
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1180-1207
----- Original Message

Chuck Krugman, MSW Paralegal
1237 P Street
Fresno ca 93721
559-266-9237
http://www.linkedin.com/pub/chuck-krugman/b/357/722
 ----- 
From: "Gerard Sadlier" <gerard.sadlier at gmail.com>
To: "Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Tuesday, July 31, 2012 1:21 PM
Subject: Re: [blindlaw] Re Witnessing documents as blind lawyer

> What functions does a notary perform in your system?
>
> A previous poster suggested that one could become a notary quite
> easily in her jurisdiction? Is that right?
>
> What are the criteria for admission?
>
>
>
> On 7/31/12, Daniel McBride <dlmlaw at sbcglobal.net> wrote:
>> Mr. Borah:
>>
>> As an attorney, my obligations lie solely with my client.  I must 
>> represent
>> my client zealously within the bounds of the law.  If an evidentiary 
>> issue
>> arises, regarding the authenticity and admissibility of said document, it
>> is
>> my obligation to fully challenge same before its admittance.
>>
>> If this means challenging its authenticity resulting from a blind 
>> notary's
>> ability to properly identify said document, then I will do so.  As I am
>> representing my client, and not the interests of blind notaries, it is no
>> hypocrisy.
>>
>> Dan McBride
>>
>>
>>
>> -----Original Message-----
>> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
>> Behalf Of Kyle Borah
>> Sent: Monday, July 30, 2012 3:11 PM
>> To: Blind Law Mailing List
>> Subject: Re: [blindlaw] Re Witnessing documents as blind lawyer
>>
>> I'm not trying to challenge your philosophies or ways of doing things, 
>> but
>> isn't that kind of hypocritical? What I mean is, you're blind and you're
>> not
>> even going to trust another blind person that the document was signed
>> correctly.
>>
>> Blessings,
>> Kyle Borah
>>
>> At-large board member of the Missouri Association of Blind Students and
>> proud graduate of Oakville Senior high school class of 2012.
>>
>> Learn to do right; seek justice. Defend the oppressed. Take up the cause 
>> of
>> the fatherless; plead the case of the widow.
>> Isaiah 1:17
>>
>> On Jul 30, 2012, at 2:52 PM, "Daniel McBride" <dlmlaw at sbcglobal.net> 
>> wrote:
>>
>> Mr. Langlois:
>>
>> I would not give up being a Notary, especially if same provides a source 
>> of
>> income.  However, as a blind attorney, I would challenge the authenticity
>> of
>> any legal document that I knew to be notarized by a blind person.
>>
>> Dan McBride
>>
>> -----Original Message-----
>> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
>> Behalf Of Brian Langlois
>> Sent: Sunday, July 29, 2012 9:25 PM
>> To: ckrugman at sbcglobal.net; Blind Law Mailing List
>> Subject: Re: [blindlaw] Re Witnessing documents as blind lawyer
>>
>> O-oh, I'm a notary and I'm totally blind.
>> Should I give it up?
>> Brian Langlois, Massachusetts
>>
>> ----- Original Message -----
>> From: <ckrugman at sbcglobal.net>
>> To: "Blind Law Mailing List" <blindlaw at nfbnet.org>
>> Sent: Sunday, July 29, 2012 10:07 PM
>> Subject: Re: [blindlaw] Re Witnessing documents as blind lawyer
>>
>>
>>> As a blind paralegal and formerly as a clinical social workerand 
>>> advocate
>>>
>>> I always had a sighted witness such as clerical staff or notary witness
>>> documents as I would have no knowledge of how the document was signed or
>>> what was written as the signature. It is for this person that a blind
>>> person cannot be a notary.
>>> Chuck Krugman, MSW Paralegal
>>> 1237 P Street
>>> Fresno ca93721
>>> 559-266-9237
>>> http://www.linkedin.com/pub/chuck-krugman/b/357/722
>>> ----- Original Message -----
>>> From: "Elizabeth Rene" <emrene at earthlink.net>
>>> To: <blindlaw at nfbnet.org>
>>> Sent: Sunday, July 29, 2012 3:02 PM
>>> Subject: [blindlaw] Re Witnessing documents as blind lawyer
>>>
>>>
>>>> I think one should first look carefully at one's state statutes
>>>> regarding
>>
>>>> documents that must be witnessed: Wills, deeds, etc., to see what makes
>>>> them valid or invalid.  It might be that one doesn't need even to see
>>>> the
>>
>>>> document signed, but only to have, e.g. the testator, grantor, etc. say
>> in
>>
>>>> your presence that the signature is his or hers.
>>>>
>>>> And there's always a little theatre in lawyering, I think.  If you're
>>>> worried about how it will look to your client to have a blind person
>>>> witnessing a document, why not have a notary public there, with all her
>>>> seals and affidavits, to acknowledge the signature, with you and
>>>> whomever
>>
>>>> else to sign off as witnesses?  It might not be legally required to 
>>>> make
>>>>
>>>> your document valid, but could put the client's and your own mind at
>>>> rest. And there's nothing to being made a notary, so your secretary
>>>> could
>>
>>>> serve that function, with no extra cost to your client.  This is with
>>>> the
>>
>>>> caveat that my words aren't legal advice, and, as Bill Handle always
>>>> says
>>
>>>> on his radio show, "worth every cent you paid for it!"
>>>>
>>>> Elizabeth
>>>>
>>>>
>>>>
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>> et
>>>
>>>
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>>
>>
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>
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